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CHARTER 


FOR    THE 


CITY  AKD  COUNTY  OF  OAKLAND 


v\ 


Prepared,  oioposed  and  amend- 
ed b"y  the  3oard  of  Freeholders 
elected  February  3,  19  21,  in 
pursuance  of  Section  7|-a,  Art- 
icle XI,  of  the  Constitution 
of  the  Stete  of  California. 


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1 

7S  izH 
As 


CHARTER. 

I 

OF    THE  , 

1 

CITY  AND  COUNTY  OF  OAKLAND  i 


NAME  AND  BOUNDARIES 

Sec.  1.   The  City  of  Oakland,  the  City  of  Piedmont  and  the 
Tov/n  of  Emeryville,  and  all  that  portion  of  the  County  of  Alameda 
embraced  within  the  corporate  limits  of  the  said  incorporated 
cities  and  town  are  hereby  merged  and  consolidated  into  one 
municipal  government ^  and  the  inhabitants  thereof  shall  be  a  body 
politic  and  corporate.   The  name  of  said  consolidated  city  and 
county  goverrjnent  shall  be  the  City  and  County  of  Oakland.   Said 
city  and  county  shall  have  perpetual  succession,  may  sue  and  be 
sued  and  shall  have  a  corporate  seal. 

The  City  and  County  of  Oakland  shall  consist  of  all  that 
portion  of  Alameda  County,  as  it  existed  December  1,  1921,  bounded 


and  described  as  follows:  j 

Commencing  at  a  point  on  the  line  dividing  said  Alameda  County 

from  the  City  and  County  of  San  Prancisoo,  where  said  line  is  inter-  : 

sec  ted  by  the  Southerly  boundary  line  of  the  City  of  Berkeley;  thence 

Easterly  along  said  Southerly  boundary  line  of  the  City  of  Berkeley,  ^ 

and  continuing  along  the  boundary  of  the  City  of  Berkeley,  Northerly,  ' 

Testerly,  and  Northerly  to  the  intersection  thereof  with  the  line     ! 

dividing  said  Alameda  County  from  Contra  Costa  County;  thence  in  a 

general  Southeasterly  direction  along  said  line  dividing  Alameda     ] 

i 
County  from  Contra  Costa  County,  being  also  the  Northeasterly  bound- 

1 

ary  of  the  City  of  Oakland,   to  a  point  on  said  dividing  line  which   ! 

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is  common  to  the  City  ol  Oekland,  to  Contra  Costa  County,  and  to 
Eden  Township  in  said  Alameda  County;  thence  along  the  line  divid- 
ing  the  City  of  Oakland  from  Eden  Township  in  Said  Alameda  County 
in  a  general  Southeasterly  direction  and  continuing  along  said  line 
in  a  general  Westerly  direction  to  the  intersection  thereof  with 
the  Northeasterly  boundary  of  the  City  of  San  Leandro;  thence 
Northwesterly  along  said  Northeasterly  houi-idary  of  the  City  of  San 
iieandro,  being  the  line  dividing  the  City  of  Oakland  from  the  City 
of  San  Leandro,  and  continuirig  Southwesterly  along  said  dividing 
line  to  the  intersection  thereof  with  the  line  dividirxg  the  City 
of  Oakland  from  Eden  Township  in  said  Alameda  County;  thence  in  a 
general  Westerly  direction  alorig  the  said  line  dividing  the  City  of 
Oakland  from  Eden  Township  in  Alameda  County  to  the  intersection 
thereof  with  the  Easterly  boundary  of  the  City  of  Alameda,  being 
the  line  dividing  the  City  of  Alameda  from  the  City  of  Oakland; 
thence  Northerly  and  Northwesterly  alorig  said  line  dividing  the 
City  of  Oakland  from  the  City  of  Alameda  to  the  intersection  thereof 
with  the  line  aforementioned  dividirig  Alameda  County  from  the  City 
end  County  of  San  Francisco;  -thence  Northwesterly  along  said  line 
dividing  Alameda  Courxty  from  the  City  and  Cotmty  of  San  Francisco 
to  the  point  of  commencement. 

Being  all  those  certain  portions  of  Alameda  County,  as  it 
Existed  December  1,  1921^  contained  within  the  corporate  limits  of 
the  City  of  Oakland,  the  City  of  Piedmont  and  the  Town  of  Emeryville. 

PO:/EHS 
Sec.  2.   The  city  and  county  shall  have  and  is  hereby  granted 
the  authority  to  exercise  all  rights  and  powers  relatir^g  to  munici- 
pal affairs,  and  all  lights  end  powers  which  are  now  or  may  be 
hereafter  confeired  u^jon  courities,  cities,  cities  and  counties, 
municipal  or  utility  districts,  by  the  Constitution  and  laws  of 

-2- 


i:- 


the  State  of  California,  and  shall  have  such  other  rights  and  powers   j 

appropriate  to  a  county,  city,  city  and  coTinty,  municipal  or  utility 

district,  as  are  not  specifically  prohibited  by  the  Constitution  of    \ 

the  State  of  California,  subject  only  to  the  restrictions  and  limi-    i 

tations  contained  in  this  charter;  and  it  shall  have  and  is  hereby 

granted  the  authority  to  make  and  enforce  all  laws  and  regulations    ; 

in  the  exercise  of  said  powers.  i 

The  enumeration  of  particular  powers  by  this  charter  shall 

not  be  held  or  deemed  to  bo  exclusive,  but,  in  addition  to  the 

1 
powers  enumerated  herein,  implied  thereby  or  appropriate  to  the       \ 

\ 
exercise  thereof,  the  city  and  county  shall  have  and  may  exercise     ! 

all  other  powers  which  now  are  conferred  or  which  hereafter  it  would   i 

4 

be  competent  for  this  charter  specifically  to  enumerate.  , 

CREATION  OF  METROPOLITAN  COUNCIL  j 

Sec.  3.   There  is  hereby  created  a  Metropolitan  Council  which 

i 

Shall  have  full  power  and  authority,  except  as  herein  otherwise 
provided,  to  exercise  all  powers  conferred  upon  the  city  and  county, 

including  all  powers  and  duties  now  or  hereafter  conferred  or  im-     j 

i 
posed  by  law  upon  boards  of  supervisors.  • 

COMPOSITION  OP  METSOPOLITAN  COUNCIL 

Sec.  4.   The  Metropolitan  Council  shall  consist  of  seven        ' 

councilmen,  who  shall  be  elected  by  districts.   The  councilraen        : 

first  elected  from  Districts  1,  3,  and  5,  as  said  districts  are       j 

bounded  and  described  in  Section  5  of  this  charter,  shall  hold        ■ 

office  until  12  o'clock  noon  on  the  first  Mondey  after  the  first 

4 

day  of  January,  1925,  and  the  councilmen  first  elected  from  Districts 
2,  4,  6,  and  7,  as  the  said  districts  are  bounded  and  described  in    i 

i 

Section. 5  of  this  charter,  shall  hold  office  until  12  o'clock  noon  ] 
on  the  first  Monday  after  the  first  day  of  January,  1927.  Thereafter, i 
as  the  terms  of  the  councilmen  expire,  their  successors  shall  oe  | 
elected  for  terms  of  four  years  and  shall  hold  office  until  their  I 
successors  shall  have  been  elected  or  appointed  and  shall  have  j 
qualified. 


COUNCIL  DISTRICTS 

Sec.  5.  For  the  purpose  of  the  election  of  councilmen,  the 
oity  and  county  is  hereby  divided  into  seven  districts,  as  follows; 

Council  District  No.  1  shall  consist  of  all  that  portion  of 
the  city  and  county  do scribed  as  follows: 

Commencing  at  the  most  Westerly  corner  on  the  bouafisry  ox 
the  City  and  County  of  Oakland  and  running  thence  Southeasterly 
along  the  Westerly  boundary  of  the  City  and  County  of  Oakland  to 
a  point  on  said  boundary,  said  point  being  a  corner  conimon  to  the 
City  and  County  of  Oakland  and  the  City  of  Alameda;  thence  Easterly 
along  the  line  dividing  the  City  and  County  of  Oakland  from  the 
City  of  Alameda  to  a  point  where  said  line  is  intersected  by  the 
direct  extension  Southwesterly  of  the  center  line  of  Broadway  in 
the  City  and  County  of  Oakland;  thence  Northeasterly  along  said 
direct  extension  Southwesterly  of  Broadv/ay,  and  continuing  North- 
easterly along  the  center  line  of  Broadway  to  the  intersection 
thereof  with  the  center  line  of  Telegraph  Avenue;  thence  North- 
easterly along  said  center  line  of  Telegraph  Avenue  to  the  inxei- 
section  thereof  with  the  dijrect  extension  Easterly  of  the  center 
line  of  Sycamore  Street;  thence  V/esterly  along  said  direct  exten- 
sion and  along  said  center  line  of  Sycamore  Street  and  along  the 
direct  extension  Westerly  thereof  to  the  intersection  thereof  with 
the  center  line  of  San  Pablo  ivenue;  thence  Northerly  along  said 
center  line  of  San  Pablo  .^venue  to  the  intersection  thereof  with 
the  direct  extension  Easterly  of  the  center  line  of  Mead  Street; 
thence  Westerly  along  said  direct  extension  end  along  the  center 
line  of  Mead  Street  and  along  the  direct  extension  Westerly  thereof 
to  the  intersection  thereof  with  the  center  line  of  Market  Street; 
thence  along  the  center  line  of  r.aiket  Street  to  the  intersection 
thereof  with  the  direct  extension  L^^sterly  of  the  center  line  of 
24th  Street;  thence  Northwesterly  along  said  direct  extension  and 

-4- 


along  the  center  line  of  24th  Street  and  continuing  Northwesterly  ; 

along  the  direct  extension  Northwesterly  of  said  center  line  of  ] 

i 

24th  Street  to  a  point  on  the  Northerly  line  of  the  City  and  County  j 

of  Oakland;  thence  alorig  last  said  line  Southwesterly  to  the  point  ■ 

of  commencement.  i 

Council  District  No.  2  shall  consist  of  all  that  portion  of  | 

the  city  and  coxmty  described  as  follows:  ■ 

Commencing  at  a  point  on  the  Northerly  boundary  6f  the  City  \ 

1 

and  County  of  Oakland,  said  point  being  the  intersection  of  said  j 
line  with  the  direct  extension  Northwesterly  of  the  center  line  of 
S4th  Street  in  the  City  of  Oakland;  thence  in  a  general  Easterly 

direction  along  said  Northerly  boundary  line  of  the  City  and  County  ] 

of  Oakland  to  the  intersection  of  said  boundary  line  with  the  center  • 

line  of  Telegraph  Avenue;  thence  Southerly  along  said  center  line  i 

of  Telegraph  Avenue  to  the  intersection  thereof  with  the  direct  ■ 

extension  Easterly  of  the  center  line  of  Sycamore  Street;  thence  : 

Westerly  along  said  direct  extension  and  along  the  center  line  of  , 

■i 

Sycamore  Street  and  along  the  direct  extension  Westerly  thereof  | 

to  the  intersection  thereof  vjith  the  center  line  of  San  Pablo 

Avenue;  thence  Northerly  along  the  center  line  of  San  Pablo  Avenue  • 

to  the  intersection  thereof  with  the  direct  extension  Easterly  of  ] 

j 

the  center  line  of  Mead  Street;  thence  along  said  direct  extension  1 

and  along  the  center  line  of  Mead  Street  and  along  the  direct  j 

i 

extension  Westerly  thereof  to  the  intersection  thereof  with  the  J 

i 

center  line  of  Market  Street;  thence  along  the  center  line  of  1 

Market  Street  to  the  intersection  thereof  with  the  direct  exten- 

sion  Easterly  of  the  center  line  of  24th  Street;  thence  Westerly  ! 

along  said  direct  extension  and  along  the  center  line  of  24th  j 

Street  and  continuing  Northeasterly  along  the  direct  extension  ! 

Northwesterly  thereof  to  its  intersection  with  the  aforementioned  | 

Northwesterly  boundary  line  of  the  City  end  County  of  Oakland,  \ 

being  the  point  of  commencement. 

-5-  i 


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■t.  x 


Council  District  No.  3  shall  consist  of  all  that  portion 
ol  the  city  and  county  described  as  follows: 

Commencing  at  a  point  on  the  center  line  of  Telegraph 
Avenue  in  the  City  and  County  of  Oakland  where  said  center  line 
is  intersected  by  the  center  line  of  41st  Street;  thence  South- 
easterly along  the  center  line  of  41st  Street  and  along  a  direct 
extension  Southeasterly  thereof  to  the  intersection  thereof  with 
the  center  line  of  Piedmont  Avenue;  thence  Northessterly  along 
the  center  line  of  Piedmont  Avenue  to  the  point  vv'here  said  center 
line  is  intersected  by  the  direct  extension  Northwesterly  of  the 
center  line  of  Linda  Avenue;  thence  Southeasterly  along  said 
direct  extension  and  along  the  center  line  of  Linda  Avenue  to  the 
intersection  thereof  with  the  boundary  of  the  City  of  piedmont 
as  it  existed  December  1,  1921;  thence  in  a  general  Southeasterly 
direction  along  said  boundary  of  the  City  of  Piedmont  as  it 
existed  December  1,  1*921,  and  continuing  Northeasterly  along  said 
boiindary  to  the  most  Easterly  corner  on  said  boundary;  thence 
leaving  said  boundary  of  the  City  of  Piedmont,  as  it  existed 
December  1,  1921,  and  running  due  East  to  a  point  on  the  center 
line  of  County  Road  No.  625;  thence  Northeasterly  along  the 
center  line  of  County  Road  No.  625  to  the  intersection  thereof 
with  the  center  line  of  County  Hoad  No.  634;  thence  Northwesterly 
along  the  center  line  of  County  Road  IJo.  634  to  the  intersection 
thereof  with  the  center  line  of  County  Road  IJo.  2457;  -chence 
Northeasterly  along  the  center  line  of  County  Road  No.  2457  to 
the  intersection  thereof  with  the  center  line  of  County  Road  No. 
2859;  thence  Northeasterly  along  the  center  line  of  County  Road 
No.  2359  to  the  intersection  thereof  with  the  center  line  of 
County  Road  No.  2874;  thence  Horthessterly  alorxg  the  center  line 
of  County  Road  No.  2874  to  the  intersection  thereof  with  the 
center  line  of  Thorn  Road;  thence  Easterly  along  the  center  line 

-6- 


of  Thorn  Road  to  the  intersection  thereof  '-vith  the  Northeasterly 
boundary  of  the  City  and  County  of  Oakland;  thence  Northwesterly 
along  said  Northeasterly  boundary  and  continuing  Southerly,  East- 
erly, Southerly,  Westerly,  Northerly  and  Westerly  along  the  bound- 
ary of  said  City  and  County  of  Oakland  to  the  intersection  thereof 
with  the  center  line  of  Telegraph  Avenue;  thence  Southwesterly 
along  the  center  line  of  Telegraph  Avenue  to  the  point  of  com- 
mencement. 

Coxincil  District  No.  4  shall  consist  of  all  that  portion 
of  the  city  and  county  described  as  follows: 

Commencing  at  a  point  on  the  Southwesterly  boundary  of  the 
City  and  County  of  Oakland,  being  also  the  line  dividing  the  City 
and  County  of  Oakland  from  the  City  of  Alameda,  where  said  boundary 
is  intersected  by  the  direct  extension  Southwesterly  of  the  center 
line  of  Broadway;   thence  Northeasterly  along  said  direct  exten- 
sion Southwesterly  of  the  center  line  of  Broadway  and  continuing 
Northeasterly  along  the  center  line  of  Broadway  to  the  intersec- 
tion thereof  v;ith  the  center  line  of  Telegraph  Avenue;  thence 
Northeasterly  along  said  center  line  of  Telegraph  Avenue  to  the 
intersection  thereof  v/ith  the  center  line  of  41st  Street;  thence 
Southeasterly  along  said  center  line  of  41st  Street  and  along  a 
direct  extension  Southeasterly  thereof  to  the  intersection  thereof 
with  the  center  line  of  Piedmont  Avenue;  thence  Northeasterly 
along  the  center  line  of  Piedmont  Avenue  to  the  point  where  said 
center  line  is  intersected  by  the  direct  extension  Northwesterly 
of  the  center  line  of  Linda  Avenue;  thence  Southeasterly  along 
said  direct  extension  and  along  the  center  line  of  Linda  Avenue 
to  the  intersection  thereof  with  the  boundary  line  of  the  City  of 
Piedmont,  as  it  existed  December  1,  1921;  thence  in  a  general 
Southeasterly  direction  along  said  boundary  of  the  City  of  Pied- 
mont, as  it  existed  December  1,  1921,  to  the  intersection  thereof 

-7- 


with  the  Southeasterly  line  of  the  Right  of  Way  of  the  Great  '  es- 
tern  Power  Comparxy;  thence  Southwesterly  along  said  Southeasterly 
line  of  said  I?ight  of  Way  to  the  intersection  thereof  with  the 
center  line  of  Creed  Rosd;  thence  Southeasterly  along  the  cenier 
line  of  Creed  P.oad  to  the  intersection  thereof  with  the  Southerly 
line  of  Lakeshore  Hills,  as  shown  on  that  certain  map  entitled 
"Lakeshore  Hills,  Oakland,  Alameda  County,  Cal."  of  record  in 
the  office  of  the  Recorder  of  Alameda  County,  thence  Westerly 
along  said  Southerly  boundary  of  Lakeshore  Jlills  to  the  Easterly 
line  of  Mathews  Avenue;  thence  Northwesterly  on  a  direct  exten- 
sion Northwesterly  of  said  Southerly  boundary  to  the  center  line 
of  Mathews  Avenue;  thence  Southwesterly  along  said  center  line 
of  Mathews  Avenue  and  along  the  direct  extension  Southwesterly 
thereof  to  the  intersection  thereof  v/ith  the  c'irect  extension 
Easterly  of  the  center  line  of  Ejccelsior  Avenue  and  continuing 
alorig  a  direct  extension  Westerly  of  said  center  line  to  the 
intersection  thereof  with  the  line  dividing  Oakland  To.vnship 
from  Brooklyn  Township,  as  they  existed  December  1,  1921; 
thence  Southwesterly  along  said  line  dividing  Oakland  TovvTiShip 
from  Brooklyn  Township  to  xhe  in.. si  see  Lion  ihereox  v.'ith  the 
aforementioned  Southv/esterly  bounrry  of  the  Ci  .y  ^nd  Souncy  of 
Ockland;  thence  Korthvesterly  clonj.  £-id  bouadf-ry  oi'  die  Ci\.;  :-nC. 
Cou.ity  of  Oakland  to  the  .^-oinc  of  con;  .encement . 

Council  District  No.  5  shall  consist  of  all  that  portion 
of  the  city  and  county  described  as  follows: 

Commencing  at  a  point  on  the  Southwesterly  boundary  of  the 

City  and  County  of  Oakland,  being  also  on  the  line  dividing  the 

City  and  County  of  Oakland  from  the  City  of  Alameda,  where  said 

boundary  is  intersected  by  the  line  dividing  Oakland  Township 

from  Brooklyn  Township,  as  they  existed  December  1,  1921;  thence 

Northeasterly  along  said  line  dividing  Oakland  Township  from 

Brooklyn  Township  to  a  point  where  said  dividing  line  is  inter- 

-8- 


sected  by  the  direct  extension  V/esterly  of  the  center  line  of 
Excelsior  Avenue;  thence  Easterly  along  said  direct  exteriSion 
and  continuing  Easterly  along  the  center  line  of  Excelsior 
Avenue  and  along  a  direct  extension  Easterly  thereof  to  a  point 
where  said  extension  is  intersected  by  the  direct  extension 
Southwesterly  of  the  center  line  of  Mathews  Avenue;  thence  North- 
easterly along  said  extension  and  along  the  center  line  of 
Mathews  Avenue  to  a  point  where  said  center  line  is  intersected 
by  the  direct  extension  Northwesterly  of  the  Southerly  boundary 
of  Lake  Shore  Hills,  ss  said  Southerly  boundary  of  Lakeshore 
Hills  is  shown  on  that  certain  map  entitled  "Lakeshore  Hills, 
Oakland,  Alameda  County,  Cal.",  of  record  in  the  office  of  the 
Recorder  of  Alameda  County;  thence  Southeasterly  along  said 
direct  extension  to  the  Easterly  line  of  Mathews  Avenue;  thence 
Easterly  along  said  Southerly  boundary  of  Lakwshore  Hills  to  the 
intersection  of  said  boundary  with  the  center  line  of  Creed  Road; 
thence  Northwesterly  along  the  center  line  of  Creed  Road  to  the 
intersection  thereof  with  the  Southeasterly  line  of  the  Right  of 
Way  of  the  Great  Western  Power  Company;  thence  Northeasterly 
along  said  Southeasterly  line  of  said  Right  of  Way  to  the  inter- 
section thereof  with  the  boundary  of  the  City  of  Piedmont,  as  it 
existed  December  1,  1921;  thence  Southeasterly  along  said  bound- 
ary of  the  City  of  Piedmont,  and  continuing  Northeasterly  along 
said  boundary  of  the  City  of  Piedmont  to  the  most  Easterly 
corner  on  said  boundary;  thence  leavirig  said  boundary  of  the 
City  of  Piedmont,  as  it  existed  December  1,  1921,  and  running 
thence  due  East  to  a  point  on  the  center  line  of  County  Road  No. 
625;  thence  Northeasterly  along  the  center  line  of  County  Road 
Wo.  625  to  the  intersection  thereof  with  the  center  line  of 
County  Road  No.  634;  thence  Northwesterly  along  the  center  line 
of  County  Road  No.  634  to  the  intersection  thereof  with  the  center 

-9- 


line  of  County  Road  No.  2457;  thence  Northeasterly  along  the 
center  line  ol  County  Boad  No.  2457  to  the  intersection  thereof 
with  the  center  line  of  County  Road  No.  2859;  thence  North- 
easterly along  the  center  line  of  Coxmty  Road  No.  2859  to  the 
intersection  thereof  with  the  center  line  of  County  Road  No.  2874; 
thence  Northeasterly  along  the  center  line  of  County  Road  No.  2874 
to  the  intersection  thereof  with  the  center  line  of  Ehom  Road; 
thence  Easterly  along  the  center  line  of  ^Thorn  Road  to  the  inter- 
section thereof  with  the  Northeasterly  "boundary  of  the  City  and 
County  of  Oakland;  thence  Southeasterly  along  said  Northeasterly 
boundary  to  the  intersection  thereof  with  the  line  dividing  the 
North  one -half  from  the  South  one-half  of  the  Northeast  one- 
quarter  of  Section  34,  in  Itownship  1  South,  Range  3  West,  M.  D. 
B.  &  M.;  thence  leaving  said  Northeasterly  boundary  of  the  City 
and  County  of  Oakland  Westerly  on  a  direct  extension  Westerly  of 
said  dividing  line  to  an  intersection  with  the  center  line  of 
County  Road  No.  S509;  thence  Westerly  along  said  center  line  of 
Courxty  Road  No.  2509  to  the  intersection  thereof  with  the  center 
line  of  County  Road  No.  1854,  otherwise  known  as  Lincoln  Avenue; 
thence  Southwesterly  along  the  center  line  of  said  Lincoln  Avenue 
and  along  a  direct  extension  Southwesterly  thereof  to  the  inter- 
section thereof  with  the  center  line  of  Hopkins  Street;  thence 
Westerly  alorig  the  center  line  of  Hopkins  Street  to  the  inter- 
section thereof  with  the  direct  extension  Northeasterly  of  the 
center  line  of  23rd  Avenue;  thence  Southwesterly  along  said  direct 
extension  and  continuing  Southwesterly  and  Southerly  along  the 
center  line  of  23rd  Avenue  and  along  the  direct  extension  South- 
erly thereof  to  the  intersection  thereof  with  the  Southwesterly 
boundary  of  the  City  and  County  of  Oakland;  thence  Northwesterly 
alorig  said  Southwesterly  boundary  of  the  City  and  County  of 
Oakland  to  the  point  of  commencement. 

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Councii  District  No.  6  shall  consist  of  ell  that  portion 
of  the  city  and  cotinty  descrihed  as  follows: 

Commencing  at  a  point  on  the  Southwesterly  boundary  of  the 
City  and  County  of  Oakland,  being  also  the  line  dividing  the  City 
and  Coxinty  of  Oakland  from  the  City  of  Alameda,  where  said  bound- 
ary is  intersected  by  the  direct  extension  Southerly  of  the 
center  line  of  23rd  Avenue;  thence  Northerly  along  said  direct 
exj;ension  and  continuing  Northerly  and  Northeasterly  along  the 
center  line  of  23rd  Avenue  and  along  the  direct  extension  Worth- 
easterly  thereof  to  the  intersection  thereof  with  the  center  line 
of  Hopkins  Street;  thence  Easterly  along  the  center  line  of  Hop- 
kins Street  to  the  intersection  thereof  with  the  direct  exten- 
sion Southwesterly  of  the  center  line  of  Lincoln  Avenue;  thence 
Northeasterly  along  said  direct  extension  and  along  lihe  center 
line  of  Lincoln  Avenue,  otherwise  known  as  County  Road  No.  1854, 
to  the  intersection  thereof  with  the  center  line  of  County  Road 
No.  2509;  thence  Easterly  along  the  center  line  of  County  Road 
No.  2509  to  a  point  where  said  center  line  is  intersected  by  the 
direct  extension  Westerly  of  the  line  dividing  the  North  one- 
half  from  the  South  one-half  of  the  Northeast  one -quarter  of 
section  34,  Township  1  South,  Range  3  West,  M.  D.  B.  &  M. ; 
thence  Easterly  along  said  direct  extension  Westerly  of  said 
dividirig  line  to  the  intersection  thereof  with  the  Easterly 
boundary  of  the  City  and  County  of  Oakland;  thence  Southeasterly 
along  said  Easterly  boundary  line  to  the  intersection  thereof 
with  the  center  line  of  Redv/ood  Road,  otherwise  Known  as  County 
Road  No.  809  and  County  Road  No.  2760;  thence  Southwesterly 
along  the  center  line  of  Redwood  Road  to  the  intersection  thereof 
with  the  direct  extension  Northeasterly  of  the  center  line  of 
39th  Avenue;  thence  Southwesterly  along  said  direct  extension 
and  along  the  center  line  of  39th  Avenue  to  the  intersection 

-11- 


thereof  with  the  center  line  of  Bayo  Street;  thence  Southeasterly 
along  the  center  line  of  Bayo  Street  and  along  the  direct  exten- 
sion Southeasterly  thereof  to  the  intersection  thereof  with  the 
center  line  of  High  Street;  thence  Southwesterly  along  the  center 
line  of  High  Street  and  along  the  direct  extension  Southwesterly 
thereof  to  the  intersection  thereof  with  the  Southwesterly  boxmd- 
ary  of  the  City  and  County  of  Oakland;  thence  Northwesterly  along 
said  Southwesterly  boundary  of  the  City  cmd  County  of  Oakland  to 
the  point  of  commencement. 

Council  District  No.  7  shall  consist  of  all  that  portion 
of  the  city  and  county  described  as  follows: 

Commencing  at  a  point  on  the  Southwesterly  boundary  of  the 
City  and  County  of  Oakland,  being  also  the  line  dividing  the  City 
and  County  of  Oakland  from  the  City  of  Alameda,  where  said  South- 
westerly boundary  is  intersected  by  the  direct  extension  South- 
westerly of  the  center  line  of  High  Street;   thence  Northeasterly 
along  said  direct  extension  and  along  said  center  line  of  High 
Street  to  the  intersection  thereof  with  the  direct  extension 
Southeasterly  of  the  center  line  of  Bayo  Street;  thence  North- 
westerly along  said  direct  extension  and  along  said  center  line 
of  Bayo  Street  to  the  intersection  thereof  with  the  center  line 
of  39th  Avenue;  thence  Northeasterly  along  said  center  line  of 
39th  Avenue  and  along  the  direct  extension  Uortheasterly  thereof 
to  the  intersection  thereof  with  the  center  line  of  Redv;ood  Road, 
otherwise  known  as  County  Road  No.  809  and  County  Road  No,  2760; 
thence  Northeasterly  along  the  center  line  of  Redwood  Road  to  the 
intersection  thereof  with  the  Northeasterly  boundary  of  the  City 
and  County  of  Oakland;  thence  Southeasterly  along  said  North- 
easterly boundary  and  continuing  Southerly  along  the  Easterly 
boundary  of  said  City  and  County  of  Oakland  and  continuing  in  a 
general  Westerly  direction  along  the  Southerly  boundary  of  the 

-IE- 


£1  Tiiy 


City  and  County  of  Oakland  to  the  Southwest  corner  thereof;  thence 
Northerly  along  the  Southwesterly  boundary  of  said  City  and  County 
of  Oakland  to  the  point  of  commencement. 

COMPEI^SATION 
Sec.  6.   Each  councilman  shall  receive  a  salfiry  ef  two 
hundred  dollars  per  month. 

QUALIFICATION  OF  COUNCILMEN 
Sec.  7.   Each  councilman  must  have  been  an  elector  of  the 
district  from  which  he  is  elected  for  at  least  one  year  prior  to 
his  election,  and  must  reside  in  said  district  during  his  incum- 
bency.  Any  councilman  who  shall  cease  to  possess  any  of  the 
qualifications  required  by  this  charter  shall  forthwith  forfeit 
his  office,  and  it  shall  be  the  duty  of  the  Metropolitan  Council 
to  declare  such  forfeiture, 

VACANCIES 
Sec.  8.   If  a  vacancy  shall  occur  in  the  office  of  6oun- 
cilman  from  any  district,  the  Metropolitan  Council  shall  appoint 
a  person  from  said  district  possessing  the  qualifications  speci- 
fied in  Section  7  hereof,  who  shall  hold  office  until  the  elec- 
tion and  qualification  of  a  councilman  to  fill  the  vacancy,  which 
election  shall  take  place  at  the  next  succeeding  general  munici- 
pal election,  and  the  councilman  so  elected  shall  hold  office 
for  the  remainder  of  the  unexpired  term;  provided,  however, 
that  if  the  next  j^'^dril'-rAunttftjsal  election  is  held  in  the 
month  tf  November  next  preceding  the  expiration  of  said  term, 
then  the  appointee  of  the  Metropolitan  Council  shall  hold  office 
f-^r  the  unexpired  term  and  until  his  successor  is  elected  and 
qualified. 

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.  ■'»^:S  ;■:  i 


MEETINGS 

Sec.  9.   The  Metropolitan  Council  first  elected  under  the 
provisions  of  this  charter  shall  hold  its  first  meeting  in  the 
rooms  of  the  Board  of  Supervisors  of  the  County  of  Alameda  in 
the  Hall  of  Records,  at  10  o'clock  a.m.  on  the  second  Monday 
follov/ing  the  issuance  of  their  certificates  of  election  by 
said  Board  of  Supervisors. 

At  such  meeting  the  Metropolitan  Council  shall  organize 
and  provide  for  a  time  and  place  for  the  holding  of  regular 
meetings.   All  meetings  of  the  Metropolitan  Council  must  he 
public,  and  the  minutes  and  books  of  the  Metropolitan  Council 
shall  be  open  at  all  reasonable  times  for  public  inspection. 
Eo   meetings  shall  be  held  except  at  such  regular  place  of 
meeting. 

Absence  from  five  consecutive  regular  meetings,  unless 
excused  by  resolution- of  the  Metropolitan  Council,  shall  operate 
to  vacate  the  seat  of  any  councilman  so  absent. 

SPECIAL  mETIKGS 
Sec.  10.   Special  meetings  of  the  Metropolitan  Council 
may  be  called  by  the  Mayor  or  by  any  two  councilmen  upon 
written  notice  to  each  councilman,  served  personally  upon  him 
or  left  at  the  place  designated  by  him  on  the  books  of  the 
clerk,  (which  designation  must  be  made  to,  and  a  record  thereof 
kept  by,  the  clerk)  at  least  twenty-four  hours  before  the 
time  of  the  proposed  meeting.   Such  notices  must  specify  the 
subjects  to  be  considered,  and  no  other  business  shall  be 
transacted  at  such  meetings. 

QUORUM 
Sec.  11.   A  majority  of  the  coTincilmen  shall  constitute 
a  quorxim  for  the  transaction  of  business,  but  n»  act  of  the 

-14- 


'      >'■ 


■■•  r 


Metropolitan  Co\mcil  shall  be  valid  unless  a  majority  of  all  the   i 

councilmen  concur  therein.  > 

j 
PROCEDUKE  OF  METROPOLITAU  COUNCIL  : 

Sec.  IS.   Except  as  otherwise  provided  in  this  charter,     ;■ 
the  Metropolitan  Council  shall  determine  its  rules  of  procedure. 
It  shall  keep  minutes  of  its  proceedings.   The  vote  upon  all       ] 
matters  coming  before  the  Metropolitan  Council  shall  be  taken 
by  ayes  and  noes  and  entered  upon  its  minutes. 

The  Metropolitan  Council  shall  be  a  continuing  body,  and 
no  measure  pending  before  it  shall  abate  or  be  discontinued  by 
reason  of  the  expiration  of  the  term  of  office  or  removal  of 
the  members  of  said  body  or  any  of  them. 

ORDINANCES 

Sec.  13.   Every  ordinance  shall  be  introduced  in  written 
or  printed  form. 

The  enacting  clause  of  every  ordinance  adopted  by  the 
Metropolitan  Council  shall  be:   "Be  it  ordained  by  the  Metro- 
politan Council".  No  ordinance,  except  an  emergency  ordinaBQe, 
shall  be  passed  by  the  Metropolitan  Council  on  the  dayo  of  its 
introduction  or  within  six  days  thereafter,  or  at  any  time 
other  than  at  a  regular  meeting.   Ev6ry  ordinance  upon  its 
final  adoption  shall  be  assigned  a  serial  number,  shall  be 
recorded  in  a  book  kept  for  that  purpose,  and  shall  be  authen- 
ticated by  the  signature  of  the  clerk  and  the  seal  of  the  city 
and  county. 

EMERGENCY  MEASURES 
Sec.  14.   The  Metropolitan  Council  may,  by  a  five- 
sevenths  vote  of  the  entire  body,  pass  emergency  measures  to 
take  effect  at  the  time  indicated  therein.   An  emergency 

-15- 


measure  is  one  for  the  immediai;e  preservation  of  the  public 
peace,  property,  health  or  safety,  or  one  providing  for  the 
usual  daily  operation  of  a  municipal  function  in  which  the 
emergency  is  set  forth  and  defined.  Measures  appropriating 
money  may  be  passed  as  emergency  measures,  but  no  measure 
making  a  grant,  renewal  or  extension  of  a  franchise  ox  other 
special  privilege,  or  regulating  the  rate  to  be  charged  for  its 
service  by  any  public  utility,  shall  be  so  passed. 

TMDIG  EFFECT  OF  ORDINANCES 
Sec.  15.   No  ordinance  or  measure  adopted  by  the  Metro- 
politan Council  or  board  of  trustees  of  any  borough  shall  go 
into  effect  until  thirty  days  after  its  final  passage,  except 
emergency  measures,  ordinances  or  me c litres  relating  to  elections, 
ordinances  or  measures  relating  to  -^tieet  openings  and  closings 
and  street  improvement  work,  ordin;nGes  or  measures  relating  to 
bond  issues,  and  ordinances  provir.in  ,  for  tax  levies  or  appro- 
priations for  the  usual  current  e_  senses  of  the  city  and  county. 
Such  excepted  ordinances  or  measuiss  shall  go  into  effect  it  the 
time  designated  therein. 

PO'iVERS  OF  MEI!ROEOIIT,'JI  GOUKCIL 
Sec.  16.   Except  as  otherwiie  nrovic'.ed  in  this  chartei  , 
tlie  Metropolitan  Council  shall  have  oovver  to  fix  the  number  of 
^ll  officers  and  employees  of  the  city  anc.  coimty;  to  fix 
tlieir  compensations  where  not  fixed  by  this  charter;  to  creace 
d^artments,  offices  and  employments,  and  to  discontinue  any 
c'.e^-'artment ,  office  or  employment  created  by  it,  and  to  combine 
ce^artments,  offices  and  employments  of  the  city  and  coimty; 
_-x0vided  that  nothing  in  this  section  shall  be  taken  as  a 
^ic^Tit   of  power  to  the  Metropolitan  Council  to  discontinue  or 

-16- 


abolish  departments,  boards  or  offioas  created  by  this  charter, 
or  to  limit  the  power  of  the  Ci'^il  Service  Commission,  as 
herein  provided. 

IWVESriGATIOM  BY  METROPOLITM  COUNCIL 
Sec.  17.   The  Metropolitan  Council  or  any  committee 
thereof,  or  person,  duly  authorized  by  the  Metropolitan  Coun- 
cil, may  investigate  the  affairs  of  any  office,  department 
or  board,  including  borough  boards,  and  the  official  acts  and 
conduct  of  any  officer  or  employee,  and  shall  have  power  to 
administer  oaths,  to  compel  the  attendance  of  witnesses  and  th« 
production  of  books,  papers  and  other  evidence,  and  for  that 
purpose  may  issue  subpoenas  which  shall  be  signed  by  the  Mayor, 
a  councilman,  or  the  authorized  person  conducting  such  inves- 
tigation.  Any  witness  who  shall  refuse  to  obey  any  subpoena 
or  who  shall  refuse  to  testify  to  any  facts  within  his  knowl- 
edge or  to  produce  any  papers  or  books  in  his  possession,  or 
under  his  control,  relating  to  the  matter  under  inruiry,  shall 
be  deemed  to  be  in  contempt,  and  the  Metropolitan  Council, 
committee  or  person  conducting  such  investigation  shall  have 
power  to  take  such  proceedings  in  that  behalf  es  may  be  taken 
by  boards  of  supervisors,  as  provided  in  the  Political  Code 
•f  the  State  of  California.   No  person  shall  be  excuse*  from 
testifying,  but  his  testimtny  shall  not  be  used  agninst  him 
in  ciiy  criminal  pioceeding  other  then  for  perjury. 

ELECTION  AND  DUTIJS  OP  I.IAYOR  ^ 

Sec.  18.   At  the  first  meeting  of  the  Mexr opclitan  Council 
ftlltwing  the  -.lection  of  the  first  Metropolitan  Council  un4«r 
this  charter,  and  thereafter  en  the  first  ''ondcy  after  th« 
firzt  day  of  Jan 'sry  of  e?eh  odd  numbered  year,  the  neio-ioli- 
tsn  Council  shll  elect  one  of  its  members,  as  President,  who 

-17- 


A  •  .     •    •. 


J  ■: 


•  9 


shall  be  entitled  "Mayor".   In  addition  to  his  salary  as  cQun- 
cilman,  the  Mayor  shall  receive  an  additional  compensation  of 
one  hundred  dollars  per  month. 

The  Mayor  shall  preside  at  meetings  of  the  Metropolitan 
Council  and  perform  such  other  duties  consistent  with  this 
charter  as  may  be  imposed  by  the  Metropolitan  Council.   He 
shall  be  entitled  to  a  vote,  but  shall  possess  no  veto  power. 
He  shall  be  recognized  as  the  official  head  of  the  city  and 
county.   All  bonds,  contracts  end  other  instruments  in  writing 
reruiring  the  assent  of  the  city  and  county  shall  be  subscribed 
by  the  Mayor,  or  acting  Mayor,  as  the  case  may  be,  under  the 
seal  of  the  city  and  county  and  attested  by  the  Clerk.   In 
time  of  public  danger  or  emergency  he  shall,  with  the  consent 
of  the  Metropolitan  Council,  take  command  of  the  police  and 
maintain  and  enforce  the  laws.  During  his  absence  or  disabil- 
ity his  duties  shall.be  performed  by  another  member  appointed 
by  the  Metropolitan  Council.   The  Mayor  shall  have  power  to 
appoint  a  secretary  to  the  Mayor,  who  shall  hold  office  at  the 
pleasure  of  the  Mayor. 

The  Metropolitan  Council  may  appropriate  annually  the 
sum  of  two  thousand  five  hundred  dollars  to  be  expended  in 
entertaining  the  guests  of  the  city  end  county,  under  the 
direction  of  the  Metropolitan  Council,  and  shall  appropriate 
the  further  sum  of  five  hundred  dollars  as  a  Mayor's  Urgent 
Necessity  fund,  which  may  be  expended  by  the  Mayor  without 
iurnishing  vouchers  therefor. 

QHEATIOK  OF  BOROUGHS 
Sec.  19.   The  Boroughs  of  Emeryville,  Oakland  end  Piec'.- 
.nont  are  hereby  created  with  the  powers  hereinafter  specifi- 
cally granted. 

-18- 


The  Borough  of  Emeryville  shall  consist  of  all  that  por- 
tion of  the  city  and  county  at  present  included  within  the  cor- 
porate limits  of  the  Town  of  Emeryville. 

The  Borough  of  Oakland  shall  consist  of  all  that  portion 
of  the  city  and  county  at  present  included  within  the  corporate 
limits  of  the  City  of  Oakland. 

The  Borough  of  Piedmont  shall  consist  of  all  that  portion 
of  the  city  and  county  at  present  included  within  the  corporate 
limits  of  the  City  of  Piedmont. 

ELECTION  OF  BOARDS  OF  TRUSTEES 
Sec.  20.   There  shall  be  elected  at  large  by  the  quali- 
fied electors  in  each  borough  a  Board  of  Trustees  of  five 
members  who  shall  be  oualified  electors  of  the  said  borough. 
At  the  first  meetir^g  of  the  boards  of  trustees  first  elected 
hereunder  the  members  thereof  shall  so  classify  themselves 
by  lot  that  two  members  shall  hold  office  until  12  o'clock 
noon  on  the  first  Monday  after  the  first  day  of  January,  1925, 
and  three  members  shall  hold  office  until  12  o'clock  noon  on 
the  first  Monday  after  the  first  day  of  January,  1927.   There- 
after, as  the  terms  of  the  members  of  each  board  of  trustees 
expire,  their  successors  shall  be  elected  for  terms  of  four 
years  and  shall  hold  office  until  their  successors  shall  have 
been  elected  or  appointed  and  have  qualified. 

VACANCIES  IN  BOARDS  OF  TRUSTEES 
Sec.  21.   If  a  vacancy  shall  occur  in  any  board  of  trus- 
tees, such  vacancy  shall  be  filled  by  the  board  in  the  same 
manner  as  is  herein  provided  for  filling  vacancies  in  the 
Metropolitan  Council. 


-19- 


COMPENSATION  OF  TRUSTEES 
Sec.  22.   The  trustees  of  each  borough  shall  serve  with- 
out compensation. 

MEETINGS  OF  BOARDS  OF  TRUSTEES 
Sec.  23.   The  boards  ot   trustees  first  elected  hereunder 
shall  meet  on  the  third  Tuesday  following  the  issuance  of 
certificates  of  election  to  the  members  thereof  at  the  hour 
of  eight  o'clock  p.m.  and  proceed  to  organize,  and  provide 
for  a  time  and  place  for  holding  regular  meetings  at  least 
once  each  month.   The  time  of  such  meetings  shall  be  arranged 
by  a  conference  of  the  chairmen  of  the  several  boards  of 
trustees  and  the  Manager,   All  meetings  of  the  boards  of 
trustees  shall  be  open  to  the  public  and  the  minutes  and  books 
of  the  several  boards  of  trustees  shall  be  open  at  all  reason- 
able times  for  public  inspection.  No  meetings  shall  be  held 
except  at  such  regular  places  of  meeting.   Absence  from  five 
consecutive  regular  meetings,  unless  excused  by  resolution 
of  the  board  shall  operate  to  vacate  the  seat  of  any  member  so 
absent. 

SPECIAL  1£EE TINGS  OF  BOARDS  OF  TRUSTEES 
Sec.  24.   Special  meetings  of  the  several  boards  of 
trustees  ifiav  be  called  by  the  chairman  or  any  two  trustees 
upon  written  notice  to  each  trustee,  served  personally  upon  him 
or  left  at  the  place  designated  by  him  on   the  borks  of  the 
clerk  of  the  board,  (which  designation  must  be  made  to,  and  a 
record  thereof  kept  by,  the  clerk)  at  least  twelve  hours  before 
the  time  of  the  proposed  meeting.   Such  notices  must  specify 
the  subjects  to  be  considered  and  no  other  business  shall  be 
transacted  at  such  meetings. 

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■:-y.. 


'■.x\ 


7  ■     >■     ;  ' 


QUORra  OF  BOARDS  OF  TRUSTEES 
Sec.  25.   A  majority  of  the  members  of  each  board  shall 
constitute  a  quorum  for  the  transaction  of  business",  but  no 
action  of  the  board  shall  be  valid  unless  a  majority  of  all 
the  members  thereof  concur  therein. 

CHAIRMEN  OP  BOARDS  OP  TRUSTEES 
Sec.  26.   At  the  first  meetings  of  the  boards  of  trustees 
first  elected  hereunder,  and  thereafter  on  the  first  Monday  after 
the  first  day  of  January  of  each  odd  numbered  year,  each  board 
shall  elect  one  of  its  members  as  chairman.   The  chairman  shall 
preside  at  meetings  of  the  board  and  perform  such  other  duties, 

consistent  with  his  office,  as  may  be  imposed  by  the  board.   All 

J 
instruments  in  writing  requiring  the  assent  of  the  borough  shall 

be  subscribed  by  the  chairman,  or  chairman  |)ro  tem,  and  attested 
by  the  borough  clerk.   In  case  of  the  absence  of  the  chairman 
from  any  meeting,  the  board  shall  elect  one  of  its  members  chair- 
man pro  tem.   If  at  any  time  the  office  of  the  chairman  becomes 
vacant  the  board  shall  elect  a  successor  for  the  unexpired  term. 

BOROUGHt-CLERZS 
Sec.  87.   There  shall  be  in  each  borough  a  borough  clerk 
appointed  by  the  Manager  upon  the  recommendation  of  the  board 
of  trustees,  who,  as  clerk  of  such  board,  shall  exercise  such 
other  functions  as  may  be  assigned  to  him  by  the  Manager,  and 
who  shall  be  deemed  to  be  an  officer  of  the  city  and  county. 

POWERS  OP  BOROUGHS 
Sec.  28.   Each  borough  shall  have  and  ex^.rcise  anly  the 
powers  and  duties  which  f.re  conferred  or  imposed  upon  it  or  its 
board  of  trustees  by  th.'.s  charter.   Except  to  recommend  the 
appointment  ef  the  borough  clerk,  the  boards  of  trustees  sffiall 

-21- 


have  no  power  to  name  or  appoint  any  person  or  board  to  execute 
any  of  the  powers,  duties,  rights  or  obligations  of  the  borough, 
but  the  same  shall  be  executed  by  the  ^appropriate  officers  ol 
the  city  and  county. 

POWERS  OP  BOARDS  OF  ffiUSIEES 
Sec.  29.   The  board  of  trustees  of  each  borough  shall 
have  the  power: 

1.  To  recommend  to  the  Metropolitan  Coxincil  the  opening 
and  closing  of  streets,  the  performance  of  street  improvement 
work  of  any  kind  and  character  within  such  borough  that  may  be 
done  under  the  laws  of  the  State  of  California;  the  acquisition, 
improvement,  equipment  or  maintenance  of  parks,  playgrounds  and 
recreation  centers  within  the  borough,  either  by  bond  issue 
within  the  borough  or  by  a  direct  tax  levied  on  the  assessable 
property  of  the  borough,  and  from  time  to  time, as  may  be 
necessary  or  desirable,  the  holding  of  a  borough  election  to 
vote  bonds  for  any  public  improvement  within  the  borough. 

Upon  receipt  of  any  such  recommendation  it  shall  be  the 
duty  of  the  Metropolitan  Council  to  carry  out  the  intent  there- 
of by  immediately  initiating  proceedings  therefor  in  the  manner 
provided  by  the  laws  of  the  State  of  California. 

2.  To  establish  by  ordinance  residential  zones  within 
the  borough, 

3.  To  recommend  to  the  Metropolitan  Council,  on  or  before 
the  first  Monday  in  June  of  each  year,  the  amount  of  money 
necessary  to  meet  the  requirements  of  the  borough  in  addition 

to  such  amounts  as  may  hatre  been  included  in  the  annual  estimate 
of  revenue  and  expenditures  to  be  raised  by  taxation  of  the 
property  of  the  entire  city  and  county.   The  Metropolitan 
Council  shall  embody  such  recommendaticn  in  the  annual  appro- 
priation ordinance  and  shall  levy  a  tax  on  the  assessable 

property  within  the  borotigh  sufficient  to  raise  such  amount. 

-22- 


) 


BOROUGH  OKDINAKCES 

Sec.  31.   The  enacting  clause  of  all  ordinances  adopted 
by  the  hoards  of  trustees  ©f  boroughs  shall  be:   "Be  it  ordained 
by  the  board  of  trustees  of  the  Borough  of  ". 

Ho  ordinance  shall  be  passed  by  a  board  of  trustees  on  the 
day  of  its  introduction,  or  within  six  days  thereafter,  or  at 
any  time  other  than  at  a  regular  meeting.  Every  ordinance,  upon 
its  final  adoption,  shall  be  assigned  a  serial  n\imber,  shall  be 
recorded  in  a  book  kept  for  that  purpose,  shall  be  authenticated 
by  the  signature  of  the  clerk  of  the  borough,  and  a  copy  thereof, 
duly  certified  by  the  borough  clerk,  shall  be  forwarded  to  the 
clerk  of  the  Metropolitan  Council. 

BOROUGH  BUDGETS 
Sec,  32.  The   board  of  trustees  of  each  borough  must  pro- 
vide in  its  annual  budget  an  amount  sufficient  to  pay  the  full 
cost  of.  all  special  borough  elections,  including  initiative, 
referendum  and  recall  elections,  of  maintaining! the  borough 
government,  and  of  exercising  the  powers  herein  granted  to  such 
borough. 

RELINQUISHMENT  OF  BOROUGH  POWERS 
Sec.  33.   Any  or  all  of  the  powers  herein  granted  to 
boroughs  may  be  relinquished  to  the  city  and  county  goverrjnent 
by  the  majority  vote  of  the  ualectors  of  such  borough  voting  on 
the  question,  and  the  procedure  therefor  shall  be  as  follows: 

Up«n  the  filing  with  the  Metropolitan  Council  of  a 
resolution  of  a  board  of  trustees,  or  A  petition  signed  by  the 
qualified  electors  of  a  borough,  equal  tn  number  to  twenty- 
five  percent  of  all  votes  cast  for  the  trustees  receiving  the 
highest  number  of  votes  in  such  borough  at  the  last  general 

municipal  election,  requeriting  that  the  ouestion  of  the 

-23- 


fie    p.aoitPa'r  F>TO 


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1.1X&    i^rfj 


■riranz 


relinquishment  do  thevOityt-and.. oounty  government  of  any  or  all  of 
the  powers  herein  conferred  he   submitted  to  the  vote  of  the  elect- 
ors of  such  borough  for  determination,  it  shall  be  the  duty  of  the 
Metropolitan  Council  to  submit  said  question  to  the  electors  of 
such  borough  at  the  next  general  municipal  election.  Upon  the 
relinquishment  of  all  the  powers  of  any  borough,  such  borough 
shall  thereafter  be  governed  by  the  Metropolitan  Council. 

ELECTIONS 
Sec.  34.   Unless  otherwise  provided  in  this  charter,  all 
laws  of  the  Stat?  of  California  respecting  elections  shall  be 
applicable  to  all  elections  held  in  the  city  and  county,  or  in 
the  several  boroughs  thereof, 

ELECTION  PBECINCTS 
Sec.  35.   The  election  precincts  within  which  it  is  pro- 
posed to  hold  any  election  shall  not  be  described  by  metes  and 
bounds  in  any  measure  calling  such  election,  but  the  election 
precincts  established  by  the  Metropolitan  Council  for  general 
election  purposes  shall  be  referred  to  by  names  or  numbers. 

LLZOTIVE   OFFICERS 

Sec.  36.   The  elective  officers  of  the  city  and  county 
shall  be  the  judges  of  the  Mxinicipal  Court,  the  District  Attorney, 
the  Auditor,  the  Assessor,  and  th«  councilmen,  and  the  elective 
officers  of  the  several  boroughs  shall  be  the  trustees  of  each 
borough. 

All  elective  officers  shall  be  elected  at  the  time  and  in 
the  manner  provided  by  the  laws  of  the  State  of  California  for 
the  election  of  county  officers;  provided,  however,  that  in  cas>? 
there  is  but  one  person  to  be  elected  to  any  office  any  candidato 
receiving  at  the  preceding  orimary  election  a   majority  of  the 
total  number  of  votes  cegt  for  all  candidates  for  such  office 

-24- 


\ 


shall  be  declared  elected  to  such  office  by  the  canvassing  board 
and  a  certificate  of  eleof-icn  nhall  be  issued  to  him,  and  said 
office  shall  not  appear  on  the  ballot  voted  at  the  ensuing  general 
election,  and  provided,  further,  that,  in  case  there  are  'iwo  or 
more  persons  to  be  elected  to  any  office  the  candidates  for  such 
office,-  receiving  at  the  preceding  primary  election,  the  votes  of 
a  majority  of  all  the  voters  participating  in  said  primary  elec- 
tion in  the  district  in  which  said  office  is  voted  upon,  shall  be 
kinown  as  "majority  candidates"  ,and  shall  be  declared  elected  to 
rs'Ach  office  by  the  canvassing  board,  and  certificates  of  election 
shall  be  issued  to  them,  and  the  said  office  shall  not  appear  on 
the  ballot  voted  at  the  ensuing  general  election;  provided,  that 
if  the  number  of  such  "majority  candidates"  is  greater  than  the 
n'omber  of  porsonr!  to  be  ejecte'',  to  si'ch  office,  then  those 
"majority  candidates"  receiving  the  liighest  number  of  votes  and 
equal  in  number  to  the.  number  of  persons  to  be  elected  to  such 
office  shall  b,e  declared  elected  to  such  office  by  the  canvassing 
board,  and  certificates  of  election  shall  be  issued  to  them  and 
the  said  "office  shall  not  appear  on  the  ballot  voted  at  the  en- 
suing general  election;  ard  provided,  farther,  that,  if  the 
number  of  such  "majority  candidates"  so  declared  elected  is  less 
than  the  number  of  persons  to  be  elected  to  such  office,  then 
there  shall  remain  to  be  elected  to  such  oifice  such  number  of 
persons  as  shall  equal  the  total  number  of  persons  to  be  elested 
to  such  office  less  the  number  of  "majority  candidates"  declared 
elected  to  such  office,  and  there  shall  appear  on  the  official 

4 

ballot  voted  at  the  ciigiting  general  election  only  such  number  of 
names  of  such  other  cantlidal'es  receiving  the  next  highest  number 
of  votes  for  nomination  t'j  such  office  as  may  equal  twice  the 
number  of  persons  remaining  to  be  elected  to  such  office  (or  a 
smaller  number  if  the  lS»:t  of  said  other  candidates  be 

-E5- 


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fr  .>.  ^i^  i 


exhausted),  such  names  to  be  preceded  "by  the  designation  of  the 

office  and  the  words  "Vote  for  "  the 

"blank  being  filled  by  the  niimber  of  persons  remaining  to  be 
elected  to  such  office. 

STATEMENT  OF  CAMDIDATES 

I 
Sec.  36-a.   Each  candidate,  at  his  own  cost,  may  deliver 

to  the  clerk,  at  least  twenty-five  days  prior  to  the  date  of  any 

election,  a  verified  statement  with  printed  copies  thereof 

equal  in  number  to  the  number  of  electors  qualified  to  vote  for 

the  office  for  which  he  is  a  candidate.   Said  copy  shall  be 

printed  on  white  paper  four  inches  wide  by  nine  inches  long, 

may  have  the  candidate's  photo-engraving  printed  thereon,  and 

shall  have  printed  thereon  his  name,  the  office  for  which  he 

is  a  candidate,  a  statement  as  to  his  residence,  place  of 

birth,  present  occupation,  what  public  office  or  offices  he 

has  held,  whether  he  is  a  taxpayer  in  the  district  in.  which 

he  seeks  election,  and  such  other  information  as  he  may  desire 

concerning  his  experience  and  qualifications  for  the  office 

for  which  he  is  a  candidate.   One  copy  of  such  statement  shall 

be  mailed  with  the  sample  ballot  to  each  <=>lector  qualified  to 

vote  for  such  office. 


INIl'IATIVE,  REFERENDUM  AND  RECALL 


INITIATIVE  AND  REFERENDUM 
Sec.  37.   The  su"bmission  to  the  vote  of  the  people  ol  any 
proposed  ordinance  or  measure,  or  of  any  ordinance  or  measure 
adopted  by  the  Metropolitan  Council  or  by  the  board  of  trustees 
of  any  borough  which  has  not  gone  into  effect,  may  be  accom- 
plished by  the  presentation  of  a  petition  therefor  to  the 
Metropolitan  Council,  or  to  a  borough  board  of  trustees,  in  the 
manner  prescribed  by  the  laws  of  the  State  of  California,  now 
or  hereafter  in  force,  providing  for  direct  legislation  by 
cities  and  towns,  except  as  herein  otherwise  specifically  pro- 

I 

vided. 

ENACTING  CLAUSE 

Sec.  38.   The  enacting  clause  of  every  ordinance  or 
measure  proposed  by  the  qualified  electors  of  the  city  and 
county  shall  be:   "Be  it  ordained  by  the  People  of  the  City 
and  County  ©f  Oakland!'. 

The  enacting  clausp  of  every  ordinance  or  measure  pro- 
posed by  the  qualified  electors  of  a  borough  shall  be:   "Be 
it  ordained  by  the  People  of  the  Borough  of  ". 

REFERENCE  OF  ]\.ffiASURE  FOR  ADVISORY  VOTE 
Sec.  39.   The  Metropolitan  Council  may  submit  to  the 
electors  of  the  city  and  county  for  their  advisory  vote  any 
trdinance  or  measure  which  it  shall  have  authority  to  enact. 
Such  question  shall  be  submitted  at  any  general  election  or  at 
any  special  election  called  for  other  purposes. 

-27- 


CHARTER  AMENDMENTS 
Sec.  40.   Hie  provisions  of  the, foregoing  sections  of  this 
charter  relative  to  the  initiative  shall  apply  to  the  proposal, 
suhmission  and  adoption  of  charter  amendments. 

RECALL 
Sec.  41.   The  incumbent  of  any  elective  office  provided 
for  in  this  charter  may  be  removed  or  recalled  from  office  by 
the  electors  qualified  to  vote  for  the  incximbent  of  such  office 
in  the  manner  prescribed  by  the  laws  of  the  State  of  Calif- 
ornia, now  or  hereafter  in  force,  providing  for  the  recall 
of  elective  officers  of  incorporated  cities  and  towns,  except 
that  the  petition  shall  demand  only  the  removal  of  such  officer, 
and  except  as  herein  otherwise  specifically  provided. 

RECALL  BALLOTS 

Sec.  42.   The  ballots  at  such  recall  elections  shall  con- 
form to  the  following  requirements: 

With  respect  to  each  person  whose  removal  is  sought,  the 
question  shall  be  submitted,  "Shall        (name  of  person) 

be  removed  from  the  office  of  (name  of  office) 

by  recall?"  Immediately  following  each  such  question  there 
shall  be  printed  the  words:   "Yes"  and  "No"  on  separate  lines 
with  a  blank  space  at  the  right  of  each,  in  which  the  voter 
shall  indicate  by  stamping  a  cross  (X)  his  vote  for  or  against 
such  recall. 

RESULT  OF  RECALL  ELECTION 
Sec,  43;   If  a  majority  of  the  votes  cast  on  the  question 
of  the  recall  of  a  particular  officer  be  against  the  recall  of 
such  officer,  he  shall  continue  in  office  for  the  remainder 
of  his  term  subject  to  recall,  as  hereinafter  provided.   If  a 

-28- 


.-r>--:^:. 


majority  of  the  votes  cast  on  the  question,  of  the  recall  of  a 
particular  officer  be  in  favor  of  the  recall  of  such  officer, 
he  shall  be  deemed  recalled  and  removed  from  office  upon  the 
canvass  of  the  returns  of  said  election  and  the  declaration 
of  the  result  thereof  by  the  Metropolitan  Council,  and  he  shall 
not  be  deemed  eligible  for  appointment  to  the  vacancy. 

FAILURE,  10  RECALL  AN  ELECTIVE  OFFICER 
Sec.  44.   In  the  event  of  the  failure  to  recall  an  elect- 
ive officer  at  any  recall  election  no  other  election  may  be  held 
during  his  existing  term  for  the  recall  of  such  officer  except 
upon  petition  signed  in  the  manner  hereinabove  provided  by 
electors  qualified  to  vote  for  an  incumbent  of  such  office 
equal  in  number  to  thirty-five  percent  of  the  total  vote  cast 
for  su6h  office  at  the  last  general  municipal  election. 

CANVASS  OF  BALLOTS 
Sec.  45.   All  initiative,  referendum,  and  recall  petitions 
shall  be  filed  with  the  Clerk  of  the  city  ajld  county,   (Che 
Metropolitan  Council  shall  call  all  initiative,  referendum, 
and  recall  elections,  canvass  the  ballots,  and  declare  the 
results  thereof. 

FURTHER  REGULATIONS 
Sec.  46.   !I3ie  Metropolitan  Council  shall,  by  ordinance, 
make  such  further  regulations  as  may  be  necessary  to  carry 
out  the  foregoing  provisions  relative  to  the  Initiative, 
Referendum  and  Recall. 

MUNICIPAL  COURT 
Sec.  47.   There  is  hereby  established  a  Mixnicipal  Court 
of  said  city  and  county. 

-S9- 


Tc">'5'T"  S>%5:.'i  ' ..  r;UJ*ivrt>.t': 


JURISDICTION  AND  POWERS 

Sec,  48.   There  is  hereby  conferred  upon  and  vested 
in  said  court  all  the  jurisdiction  and  powers,  both  civil 
and  criminal,  now  possessed  by  any  and  ail  Judtioe^' 
Courts,  Police  Courts  and  Recorders'  Courts  within  the 
territorial  limits  of  said  city  and  county,  or  which 
hereafter  may  be  conferred  by  general  law  or  by  the  laws 
and  ordinances  of  said  city  and  county  upon  Police  Eourts, 
Justices'  Courts,  Recorders'  Courts,  Municipal  Courts, 
or  other  courts  inferior  in  jurisdiction  to  the  Superior 
Court.   The  said  court  shall  have  jurisdiction  in  all 
proceedings,  civil  and  criminal,  for  the  enforcement  of, 
or  arising  out  of  the  violation  of,  any  law  or  ordinance 
of  said  city  and  county  or  of  any  borough  therein. 
The  Judges  of  said  Municipal  Court  shall  possess  all 
powers  now  possessed  by,  or  that  hereafter  may  be  con- 
ferred upon,  aoiy  judge  of  the  L'unicipal  Court,  Justice 
of  the  Peace,  Police  Judge,  .Recorder  or  judge  of  any  other 
inferior  court. 

JUDGES  OF  MUNICIPAL  COURT:   ELECTIOH,  TBRMS, 
SALARIES,  VACANCIES 


Sec.  49.  Ihete   shall  be  four  JU(ig«§  of  said 
Municipal  Court,  who  shell  hold  their  offices  for  the 
term  of  six  years. 

Said  judges  shell  be  elected  from  the  city  and 
xjounty  at  large.   Each  of  the  judges  of  the  Municipal 

-30- 


Court  shall  receive  an  annual  salary  of  not  less  than 
four  thousand  dollars.   USie  salary  of  said  judges  shall 
nft  be  diminished  during  their  term  of  office.   In  the 
ease  of  a  vacancy  occurring  in  the  office  of  judge  of 
the  Municipal  Court,  the  Mayor  shall  appoint  a  duly 
qualified  person  to  act  as  such  judge  until  his  suc- 
cessor shall  have  been  elected  and  shall  have  quali- 
fied. 

QUALIFICATIONS  OF  JUDGES 

Sec.  50.  Bo   person  shall  be  eligible  for  the 
office  of  judge  of  said  Municipal  Court  unless  he  shall 
have  been  for  at  least  five  years  an  elector  of  said 
city  and  county,  and  shall  have  been  during  said  period 
an  attorney  duly  admitted  to  practice  by  the  Supreme 
Court  of  the  State  of  California,  and  actually  engaged 
during  the  whole  of  said  period  in  the  practice  of  law, 
or  in  the  discharge  of  the  duties  of  a  judicial  office, 
or  for  a  portion  of  said  period  in  the  active  practice 
of  law  aEid  for  the  remaining  portion  in  the  discharge 
of  such  judicial  duties* 

PRESIDING  JUDGE:  DUUES  AND  POWERS 

Sec,  51.   Within  thirty  days  after  their 
election  and  qualification,  the  judges  of  the  Munici- 
pal Court  shall  elect  one  of  their  members  as 
Presiding  Judge  of  said  court.   Hhe  Presiding  Judge, 
in  addition  to  the  exercise  of  the  duties  of  ^  judge 
of  the  Municipal  Court,  shall  have  general  supervision 

-31- 


of  the  business  of  said  court  and  shall  appoint  such  officials 
of  such  court  as  may  be  provided  in  this  charter  or  by  the 
Metropolitan  Council.   He  shall  preside  at  meetings  of  the 
judges,  and  shall  from  time  to  time  assign  the  judges  to  the 
departments  of  said  court  in  such  manner  as  he  may  deem  proper 
for  the  prompt  disposition  of  the  business  thereof,  and  for 
the  purpose  of  securirig  efficiency  through  specialization  of 
their  duties.   He  shall  superintend  the  calendars  of  said  courts 
and  shall  make  such  classification  and  distribution  of  its 
business,  or  such  general  rules  for  such  classification  and 
distribution,  as  he  shall  deem  proper  and  expedient.   He  shall 
secure  from  each  of  the  judges  monthly  reports  in  writing  of 
the  judicial  business  performed  by  such  judge,  and  shall  semi-- 
arjnually,  on  the  first  days  of  January  and  July  in  each  year, 
make  a  written  report  to  the  Metropolitan  Co\incil  of  the  opera- 
tion, organization  iand  needs  of  said  court.   No  action  affecting 
said  court  shall  be  taken  by  the  Metropolitan  Council  except 
upon  recommendation  of  the  Presiding  Judge. 

CREATION  OF  ADDITIONAL  JUDGES 
Sec.  52.   Whenever  the  necessity  therefor  demands,  the 
Metropolitan  Council  may,  upon  the  recommendation  of  the 
Presiding  Judge,  provide  for  additional  judges  of  the  Municipal 
Court.   Such  additional  judges  shall  be  elected  by  the  electors 
of  said  city  and  county. 

DEPARTMENTS  OF  THE  MUNICIPAL  COURT 
Sec,  53.   The  Presiding  Judge,  by  and  with  the  consent 
and  advice  of  the  judges  of  said  court,  shall  establish  such 
departments  of  said  Municipal  Court  as  may  be  convenient,  and, 
in  like  manner,  may  discontinue  or  consolidate  any  of  such 
departments.   The  judges  of  said  court  may  hold  as  many  sessions 

-38- 


I 


of  said  court  &t   the  same  time  as  there  are  judges  thereof. 
The  departments  of  said  court  shall  meet  at  such  times  and 
places  as  may  be  designated  by  the  Presiding  Judge,  and  it 
shall  be  the  duty  of  the  Metropolitan  Council  to  provide 
suitable  rooms  and  accommodations  for  the  various  departments 
in  such  parts  of  the  city  and  county  as  may  be  convenient  for 
the  proper  expedition  of  the  business  of  said  court# 

* 

MEETINGS  OP  JUHGES 
Sec.  54.   It  shall  be  the  duty  of  the  presiding  Judge 
and  other  judges  of  the  Municipal  Court  to  meet  at  least 
once  in  every  month  at  an  hour  and  place  to  be  designated 
by  the  Presiding  Judge,  and  at  such  other  times  as  may  be 
required  by  the  Presiding  Judge,  for  the  consideration  of  such 
matters  pertaining  to  the  administration  of  justice  in  said 
court  and  of  plans  for  improvement  in  the  work  of  said  court 
as  may  be  brought  before  said  meetings.   At  such  meetings 
they  shall  receive  and  investigate  all  complaints  presented 
to  them  pertaining  to  said  court  and  the  officers  thereof, 
and  shall  take  such  action  as  they  may  deem  proper  with 
reference  thereto. 

POWEB  TO  MAKE  RULES  OP  COURT 
Sec.  55.   The  judges  of  said  court  shall  have  power  and 
it  shall  be  their  duty  to  adopt  or  cause  to  be  adopted  all 
such  rules  and  regulations  for  the  proper  administration  and 
expedition  of  justice  in  said  court  as  shall  seem  expedient. 

INFORMALITIES  TO  BE  DISREGARDED 
Sec,  56.   The  court  shall  disregard  all  errors  and  de- 
fects in  pleading  and  procedure  which  do  not  affect  the  sub- 
stantial rights  of  the  parties,  and,  as  far  as  possible  in  the 

-33- 


rules  adopted  by  the  court,  shell  provide  lor  a  simplified  pro- 
cedure. 

PERSONS  PRACTICING  BEFORE  MIMICIP.^J/  COURT 
Sec.  57.  No  person  other  than  an  attorney  at  law,  duly 
admitted  to  practice  before  the  Supreme  Court  of  Calif omie, 
shall  be  permitted  to  appear  as  attorney  or  agent  for  any  party 
in  any  matter  before  said  Municipal  Court. 

CLERK  OF  THE  MUNICIPAL  COURT 
Sec.  58.   Ihere  shall  be  a  clerk  of  the  Municipel  Court 
and  such  deputy  clerks  as  the  Metropolitan  Council  may,  upon 
the  recommendation  of  the  Presiding  Judge,  provide.   The  clerk 
of  the  Municipal  Court  shall  be  appointed  by  the  Presiding 
Judge,  and  said  clerk  shall  appoint  the  deputy  clerks.   The 
clerk  and  deputy  clerks  shall  receive  such  salaries  as  the 
Metropolitan  Council  shall  fix,  and  shall  perform  such  duties 
as  are  required  by  law  in  the  case  of  clerks  of  Justices* 
Courts  in  cities  and  counties. 

SHERIFF  AND  POLICE 

Sec.  59.   The  Sheriff  and  his  deputies  shall  have  the 
powers  and  duties  now  or  hereafter  conferred  and  imposed 
upon  sheriffs  or  constables  in  respect  to  civil  process  in 
said  Municipal  Court, 

The  Chief  of  Police  shall  designate  and  appoint  one  or 
more  police  officers  to  attend  the  sessions  of  any  department 
of  the  Municipal  Court  exercising  the  functions  of  a  Police 
Court  for  the  purpose  of  preserving  order  and  of  exercising 
the  judgments  and  orders  of  said  court. 

-34- 


lEAUSFER  OF  PROCEEDINGS 
Sec.  60.   All  actions,  trials  and  proceedings  in  every 
Justice's  Court,  Police  Court,  and  Recorder's  Court  existing 
within  the  territory  of  the  City  and  Coiinty  of  Oakland  at  the 
time  this  charter  takes  effect  shall  be  transferred  to  and 
become  pending  in  the  Municipal  Court  of  the  city  and  county, 
and  all  records  of  such  Justices'  Courts,  Police  Courts,  and 
Recorders'  Courts  shall  be  transferred  to  and  become  the  records 
of  such  Municipal  Court. 

DISTRICT  ATTORNEY 
Sec.  61.   There  shall  be  a  District  Attorney  who  shall  be 
elected  by  the  qualified  electors. of  the  city  and  county  for 
a  term  of  four  years  at  the  general  State  election  next  pre- 
ceding the  expiration  of  the  term  of  the  District  Attorney  in 
office  at  the  time  this  charter  shall  take  effect,  and  every 
four  years  thereafter..   He  shall  be  a  qualified  elector  of 
the  city  and  county  and  an  attorney  admitted  to  practice  in 
the  courts  of  the  State  of  California,  and  shall  have  been 
engaged  in  the  active  practice  of  law  for  at  least  five  years 
next  preceding  his  election.   He  shall  receive  an  armual 
salary  of  five  thousand  dollars.   He  shall  have  all  the  powers 
conferred  and  shall  discharge  all  the  duties  imposed  upon 
district  attorneys  of  counties  and  cities  and  counties  by  the 
general  laws  of  the  State  of  California.   The  duties  imposed 
by  the  laws  of  the  State  of  California  upon  district  attorneys 
of  cotmties  and  cities  and  counties  in  respect  to  civil  actions, 
matters  and  proceedings  shall  be  performed  "tjy  the  City  Attor- 
ney unless  otherwise  directed  by  the  Metropolitan  Council. 
In  addition  thereto  the  Disxiict  attorney  shall  attend,  insti- 
tute and  conduct  on  behalf  of  the  people  all  prosecutions 
for  public  offenses  and  xorr  violations  of  all  penal  ordinances 

of  the  city  and  county  amd  the  several  boroughs.   He  shall 

-35- 


give  such  legal  advice  relative  to  criminal  matters  as  may  be 
required  by  the  Metropolitan  Council,  the  several  borough 
boards  of  trustees,  or  any  other  officer  or  board  of  the  city 
and  county. 

The  District  Attorney  is  hereby  allowed  the  followint 
assistants  and  deputies,  who  shall  receive  the  compensation 
hereinafter  specified: 

One  Assistant  District  Attorney  at  a  compensation  of 
three  hundred  dollars  per  month; 

One  Chief  Deputy  District  Attorney  at  a  compensation  of 
two  hundred  and  seventy-five  dollars  per  month; 

Pour  Deputies  District  Attorney  at  a  compensation  of 
two  hundred  and  fifty  dollars  per  month  each; 

Two  Deputies  District  Attorney  at  a  compensation  of  tw« 
hundred  and  twenty-five  dollars  per  month  each. 

He  shall  be  allowed  the  following  employees,  whose  com- 
pensation shall  be  fixed  by  the  Metropolitan  Council: 

Three  stenographers; 

One  detective; 

One  clerk;      \ 

One  telephone  operator. 

At  least  one  of  such  Deputies  District  Attorney  shall  be 
a  woman. 

At  the  request  of  the  District  Attorney,  the  Chief  of 
Police  shall  designate  an  oxficer  or  officers  of  the  Police 
Department  for  detective  Service  or  the  service  of  process  for 
the  District  Attorney's  office. 

When,  in  the  opinion  of  the  Metropolitan  Council,  the 
business  of  said  officd  warrants,  said  Metropolitan  Council 
may  allow  the  District  Attorney  additional  assistants  and  employ- 
ees and  fix  their  compensation.   All  assistants ,  deputies  and 

-36- 


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employees  of  the  District  Attorney's  office  shall  be  appointed 
by  the  District  Attorney  and  shall  hold  office  at  his  pleasxire. 

AUDI  TOE 

Sec.  62.   There  shall  be  an  Auditor  who  shall  be  the 
head  of  the  Department  of  Finance.   He  shall  be  an  elector 
of  the  city  and  county  at  the  time  of  his  election,  and  must 
have  been  such  for  at  least  three  years  next  preceding  his  ' 
election. 

The  Auditor  shall  be  elected  by  the  qualified  electors 
of  the  city  and  county  for  a  term  of  four  years  at  the 
general  State  election  next  precedirig  the  expiration  of  the 
term  of  the  County  Auditor  in  office  at  the  time  this  charter 
shall  take  effect,  and  every  four  years  thereafter.   He  shall 
receive  an  annual  salary  of  five  thousand  dollars.   He  shall 
always  know  the  exact  condition  of  the  treasury  and  every 
demand  upon  it.   He  shall  be  in  personal  attendance  at  his 
office  daily  during  office  hours.   He  shall  be  the  general 
accountant  of  the  city  and  county  and  shall  receive  and 
preserve  in  his  office  all  accounts,  books,  vouchers,  docii- 
ments  and  papers  relating  to  the  accounts  and  contracts  of 
the  city  and  county,  its  debts,  revenue,  and  other  financial 
affairs.   He  shall  give  information  as  to  the  exact  condition 
of  the  treasury  and  of  every  appropriation  and  furid  thereof 
upon  request  of  the  Metropolitan  Council  or  the  Manager. 

15ie  Auditor  shall  appoint,  stibjeot  to  the  Civil  Service 
provisions  of  this  charter,  such  depiities,  assistants,  clerks 
and  stenographers  as  may  te  provided  by  the  Metropolitan 
Council. 

He  shall  have  povver  to  administer  oaths  and  siommon 
witnesses  and  order  the  production  of  books,  papers  and 
other  evidence  for  any  purpose  connected  v/ith  the  financial 

-37- 


administration  of  the  city  and  coimty.  No  money  shall  be 
drawn  from  the  city  and  county  treasury  except  by:(^warrant 
signed  by  the  Auditor.   The  Auditor  shell  not  draw  his  war- 
rant for  the  payment  ol  any  claim  Tintil  he  is  satisfied  that 
the  claim  represents  an  obligation  legally  incurred  and  that 
the  amount  of  said  claim  is  not,  when  added  to  all  expenses 
already  incurred  against  the  appropriation  in  question,  in 
excess  of  the  amount  of  the  said  appropriation,  or  of  said 
appropriation  plus  duly  authorized  transfers  thereto. 

ACCOUNTING  SYSTEM 

Sec.  63.   Kie  Auditor  shall  install  and  maintain  a 
modern  accounting  system,  which  shall  include  such  a  standard 
classification  of  income  and  expenditures  as  will  permit  of 
the  preparation  at  any  time  of  a  general  balance  sheet  dis- 
closing the  exact  financial  condition  of  the  city  and  county 
as  to  assets  and  liabilities.   He  shall  provide  uniform  forms 
of  account  for  all  officers  and  departments  of  the  city  and 
county.   He  shall  supply  to  all  such  officers  and  departments 
uniform  forms,  blanks,  books  of  record  and  other  financial 
stationery  used  in  connection  with  the  accounting  system. 

The  accounting  system  shall  further  provide  for  the 
record  in  detail  of  all  transactions  affecting  the  acquisition, 
custodianship  and  disposition  of  values;  for  the  complete 
record  of  unit  and  job  costs  in  all  operating  departments;  for 
a  detailed  account  of  all  transactions  of  the  purchasing  agent; 
for  summaries  of  income  and  expenditures  supported  by  detailed 
schedules,  and  also  comparisons  with  the  last  fiscal  year? 
and  for  a  general  balance  sheet  exhibiting  the  assets  and 
liabilities  of  the  city  and  county  supported  by  departmental 
schedules  for  each  public  utility  operated. 

-38- 


The   Metropolitan  Council  may  at  any  time  authorize  and 
require  the  Auditor  to  contract  with  a  duly  qualified  certified 
public. accountant ,  or  firm  of  certified  public  accountants, 
to  design  and  install  the  accounting  system  herein  referred  to 
or  any  portion  thereof  or  extension  thereto. 

PARENT  OF  CLAIMS 
Sec.  64.   All  claims  shall  be  submitted  to  the  Auditor 
upon  vouchers,  the  form  of  which  shall  ^be  prescribed  by  him, 
signed  by  the  head  of  the  department  for  which  the  indebted- 
ness was  incurred,  and  countersigned  by  the  Manager  ot   an 
officer  designated  by  the  Manager.   Before  issuing  such 
vouchers,  the  head  of  the  department  must  have  duly  inspected 
the  supplies  or  materials  furnished,  or  work  done,  and  have 
certified  the  same  as  satisfactory.   The  head  of  each  depart- 
ment shall  cause  to  be  kept,  on  forms  furnished  by  the 
Auditor,  accurate  time  reports,  duly  certified  by  some  member 
of  the  department  having  cognizance  thereof,  as  the  basis  for 
payroll  vouchers.   Each  head  of  a  department  and  his  surety 
shall  be  liable  to  the  city  and  county  for  all  loss  or  damage 
sustained  by  the  city  and  county  by  reason  of  the  negligent 
or  corrupt  approval  of  any  claim  against  the  city  and  county 
in  his  department.   Ihe  salaries  and  compensation  of  all 
officers,  including  policemen,  firemen,  employees  of  all 
classes,  and  all  teachers  in  the  public  schools,  and  others 
employed  at  fixed  wages,  shall  be  payable  monthly. 

REPORT  OF  FINANCIAL  CONDITION 
Sec.  65.   The  Auditor  shall  submit  to  the  Metropolitan 
Council  a  monthly  report  containing  in  detail  the  receipts 
and  disbursements  of  the  city  and  county  on  all  accounts,  the 
expenditures  made  and  obligations  incurred  during  the  preceding 

-39- 


three  months,  and  a  balance  sheet  showing  the  financial  con- ■ 
dition  of  the  city  and  county,  and  of  the  several  funds,  and 
the  total  unexpended  balance  to  the  credit  of  each  appropria- 
tion. Copies  of  this  report  shall  be  supplied  to  the  Manager, 
each  member  of  the  Metropolitsn  Council,  the  borough  boards  of 
trustees,  and  heads  of  departments.   Copies  of  the  balance 
sheet  shall  be  delivered  to  all  public  libraries,  newspapers, 
and  such  citizens  as  make  application  therefor.   As  soon  after 
the  termination  of  each  fiscal  year  as  practicable,  the 
Auditor  shall  submit  to  the  Metropolitan  Council  a  similar 
report  and  balance  sheet  for  the  preceding  fiscal  year.   This 
report  shall  be  printed  in  pamphlet  form  for  general  distri- 
bution. 

ANiraAL  AUDIT  OF  ACCOUNTS 

Sec.  66.   The  Metropolitan  Council  shall  employ,  for  a 
stipulated  compensation,  at  the  beginning  of  each  fiscal  year, 
a  certified  public  accountant,  or  firm  of  certified  public 
accountants,  who  shall  examine  the  books,  records,  and  reports 
for  the  precedirig  fiscal  year  of  the  Manager,  Auditor,  Treas- 
xirer  and  Tax  Collector,  and  all  other  officers  and  employees  of 
the  city  and  county,  and  make  triplicate  reports  of  his  or 
their  findings  thereon. 

One  of  these  reports  shall  be  filed  with  the  Manager, 
one  with  the  Metropolitan  Council  and  one  with  the  Auditor. 
Such  accountant  or  firm  of  accountants  shall  have  unlimited 
privilege  of  investigation  and  the  same  powers  with  regard  to 
compelling  the  attendance  of  witnesses,  the  production  of 
books  and  papers,  and  the  administerirxg  of  oaths  as  are  con- 
ferred on  the  Metropolitan  CounGil  by  the  provisions  of  this 
charter.  Every  off icer  .and  employee  of  the  city  and  county 
shall  give  all  required  assistance  and  information  to  such 

-40- 


accountant  or  firm  of  accountsnts,  and  submit  to  hiir  or  them 
for  examination  puch  books  and  papers  of  his  office  as  mty  be 
requested,  and  failure  to  do  so  shall  be  deemed  and  held  to  be 
a  forfeiture  and  abandoriment  of  his  office.   The  Metropolitan 
Council  shall  provide  for  the  payment  of  the  services  of  such 
aocountant  or  firm  of  accountants. 

ASSESSOR 
Sec.  67,   There  shall  be  an  Assessor  who  shall  be  elected 
by  the  qualified  electors  of  the  city  and  county  for  a  term  of 
four  years  at  the  general  State  election  next  preceding  the 
expiration  of  the  term  of  the  Assessor  of  Alameda  County  in 
office  at  the  time  this  charter  shall  take  effect,  and  every 
four  years  thereafter.   He  shall  be  an  elector  of  the  city  and 
county  at  the  time  of  his  election  and  must  have  been  such  for 
at  least  three  years  next  preceding  his  election.   He  shall 
receive  an  annual  salary  of  five  thousand  dollars.   He  shall 
have  and  exercise  all  the  powers  conferred,  and  shall  discharge 
all  the  duties  imposed  upon  assessors  of  counties,  and  cities 
and  counties  by  the  laws  of  the  State  of  California,  except  as 
otherwise  provided  in  this  charter.   In  addition  thereto  he 
shall  discharge  such  other  duties  as  may  be  prescribed  by  this 
charter  or  by  the  Manager.-  The  Assessor  shall  appoint,  subject 
to  the  civil  service  provisions  of  this  charter,  such  deputies, 
assistants,  clerks  and  stenographers  as  may  be  provided  by  the 
Metropolitan  Council. 

APPOIUmEBT  AND  QUALIFICATIONS  OF  MAHAGER 
Sec.  68,   There  is  hereby  created  the  office  of  Manager. 
The  Manager  shall  be  appointed  by  the  Metropolitan  Council  and 
shall  be  chosen  solely  on  the  basis  of  his  administrative  and 
executive  qualifications.   The  selection  of  a  Manager  shell  not 

-41- 


be  limitod  to  inhabitants  of  the  city  and  county  or  of  th& 
State,  but  no  councilman,  during  the  term  for  which  he  "^t.- 
elected  or  appointed,  shall  be  appointed  Manager.   Ihe 
Manager  shall  be  appointed  by,  and  shall  hold  office  at  the 
pleasure  of,  the  Metropolitan  Council.  His  annual  salary 
shall  be  fixed  by  the  Metropolitan  Council,  but  shall  not  be 
less  than  tv/elve  thousand  dollars. 

The   Manager  shall  be  the  administrative  headof  the 
city  and  county  and,  except  as  otherwise  provided  in  this  char- 
ter, shall  be  responsible  to  the  Metropolitan  Council  for  the 
efficient  conduct  and  operation  of  all  departments,  and  for 
the  effiojent;  administration  of  all  the  affairs  of  the  city 
and  county. 

Neither  the  Metropolitan  Council  nor  any  of  its  com- 
mittees or  members  shall  dictate  or  attempt  to  dictate,  either 
directly  or  indirectly,  the  appointment  of  any  person  to 
office  or  employment  by  the  Manager  or  in  any  manner  interfere 
with  the  Manager  or  prevent  him  from  exercising  his  own  judg- 
ment in  the  appointment  or  removal  of  boards,  officers  and 
employees.   Except  for  the  purpose  of  inquiry,  the  Metropoli- 
tan Council  and  its  members  shall  deal  with  the  administra-  • 
tive  service  solely  through  the  Manager,  and  neither  the  Metro- 
politan Council  nor  any  member  thereof  shall  give  orders  to 
^ny  of  the  appointees  of,  or  the  officers  or  employees  under 
Che  supervision  of,  the  Manager,  either  publicly  or  privately. 
Any  councilman  who  shall  violate  any  of  the  provisions  of  this 
paragraph  shall  forthwith  forfeit  his  office. 

POWERS  AND  DUTIES  OF  MANAGER 
Sec.  69.   The  Manager  shall  have  the  power  and  it  shall 
be  his  duty: 

-42- 


\.  '■• 


(a)   To  see  that  all  laws  of  the  State  and  all  ordinances 
and  measures  of  the  city  and  county  and  of  each  borough  are  en- 
forced. 

(h)   Except  as  otherwise  provided  in  this  charter,  to 
appoint  all  officers  and  employees  of  the  city  and  county,  and, 
subject  to  the  provisions  of  this  charter,  he  may  suspend  or 
remove  any  such  officer  or  employee. 

(c)  Except  as  otherwise  provided  in  this  charter,  to 
exercise  general  supervision  and  direction  over  all  persons, 
firms,  companies  and  corporations  owning,  controlling  and 
operating  public  utilities  within  the  city  and  county  limits, 
insofar  as  any  of  them  are  subject  to  municipal  control,  and 
to  see  that  all  terms  and  conditions  imposed  in  favor  of  the 
city  and  county  or  its  irJiabitants  upon  any  public  utility  are 
faithfully  kept  and  performed. 

(d)  To   prepare  and  submit  to  the  Metropolitan  Coxincil 
and  boards  of  trustees  of  boroughs  the  annual  budget,  and  to 
keep  the  Metropolitan  Council  and  boards  of  trustees  of 
boroughs  fully  advised  at  all  times  as  to  the  needs  and  fin- 
ancial condition  of  the  city  and  county,  and  of  the  resi^ect- 
ive  boroughs,  and  to  furnish  information  to  said  Metropolitan 
Council  and  boards  of  trustees  in  the  mariner  and  form  required 
by  them. 

(e)  To   attend,  either  in  person  or  by  deputy,  all 
meetings  of  the  Metropolitan  Council;  he  may  attend  meetings 
of  the  boards  of  trustees  of  the  several  boroughs,  and  must 
attend  such  meetings,  either -in  person  or  by  deputy,  when  re- 
quested by  such  boards. 

(f)  To  recommend  to  the  Metropolitan  Council  and  boards 
of  trustees  of  boroughs  for  adoption  such  measures  as  he  may 
deem  necessary  or  expecient. 

-43- 


(g)   To  examine,  or  cause  to  be  examined,  at  any  time, 
without  notice,  the  affairs  of  any  office  of  the  city  and 
county  or  of  any  borough,  and  the  official  acts  and  conduct 
of  any  officer  or  employee,  and  he,  or  any  person  appointed  by 
him  for  such  purpose,  shall  have  the  same  power  with  regard  to 
compelling  the  attendance  of  witnesses,  and  the  production  of 
books  and  papers,  the  administering  of  oaths,  and  proceedings 
for  contempt  which  is  conferred  upon  the  Metropolitan  Council 
by  this  charter. 

(h)   To  devote  his  entire  time  to  the  interests  of  the 
city  and  coimty  and  to  perform  such  other  duties  as  may  be 
prescribed  by  this  charter  or  required  of  him  by  the  Metro- 
politan Council. 

(i)   To  appoint  such  advisory  "boards  as  he  may  deem 
necessary  or  expedient  to  advise  him  in  directing  the  admin- 
istrative affairs  of  the  city  and  county. 

(j)   To  appoint  a  secretary  and  such  deputies  and  em- 
ployees in  his  office  as  he  may  require. 

(k)  Upon  the  recommendation  of  the  head  of  any  de- 
partment, board,  office,  court,  commission  or  institution  in 
which  any  personal  property  of  the  city  and  county  is  not  re- 
quired for  public  use,  to  sell  said  property  at  public  auction 
at  such  place  within  the  city  and  county  as  he  may  determine, 
after  five  days'  notice  given  by  posting  in  three  public  places 
in  the  city  and  county,  and  convey  the  same  to  the  highest 
bidder  for  cash,  paying  the  proceeds  into  the  treasury  of  the 
city  and  county;  provided,  that  if  it  be  determined  by  the 
Metropolitan  Council  that  the  property  proposed  to  be  sold 
does  not  exceed  in  value  the  sum  of  two  hundred  dollars,  or, 
if  such  property  be  the  product  of  the  city  and  coimty  farm, 
the  same  may  be  sold  by  the  Manager  at  private  sale  without 

-44- 


advertising. 

fl)  Whenever  authorized  by  ordinance  of  the  Metropolitan 
Co-oncil,  to  sell  at  public  auction  at  such  place  within  the 
city  and  county  as  he  may  determine,  after  five  days'  notice 
given  by  publication  in  a  newspaper  of  general  circulation,  to 
the  highest  bidder  for  cash,  any  real  property  belonging  to  the 
city  and  county,  and  not  required  for  public  use,  paying  the 
proceeds  into  the  treasury  of  the  city  and  county. 

SHERIFF 
Sec.  70.   There  shall  be  a  Sheriff  who  shall  be  appointed 
by  the  Manager.  He  shall  receive  an  annual  salary  of  four  thou- 
sand dollars.  He  shall  have  and  exercise  all  powers  conferred 
and  shall  discharge  all  duties  imposed  upon  sheriffs  of  coun- 
ties, and  cities  and  counties  by  the  laws  of  the  State  of 
California,  except  as  otherwise  provided  in  this  charter.   In 
addition  thereto  he"  shall  discharge  all  duties  which  may  be 
prescribed  by  this  charter  or  by  the  Manager.   The  Sheriff 
shall  designate  the  services  to  be  performed  by  his  deputies, 

CLERK 
Sec.  71.   iSiere  shall  be  a  Clerk  who  shall  be  appointed 
by  the  Manager.  He  shall  receive  an  annual  salary  of  four 
thousand  dollars.  He  shell  have  and  exercise  all  the  powers 
conferred  and  shall  discharge  all  duties  Imposed  upon  county 
clerks  of  counties,  and  cities  and  counties  by  the  laws  of  the 
State  of  California,  except  as  otherwise  provided  in  this 
charter.  In  addition  thereto  he  shall  be  clerk  of  the  Metro- 
politan Coxinoil  and  shall  discharge  all  duties  which  may  be 
prescribed  by  this  charter  or  by  the  Manager, 

-45- 


mSASUHEE 
Sec.  72.   There  shall  be  a  Treasurer  who  shall  be  ap- 
pointed by  the  Manager.   He  shall  receive  an  annual  salary  of 
four  thousand  dollars.   He  shall  have  and  exercise  all  powers 
conferred  and  shall  discharge  all  duties  imposed  upon  treas- 
urers of  counties,  and  cities  and  cotmties  by  the  laws  of  the 
State  of  California,  except  as  otherwise  provided  in  this 
charter.   In  addition  thereto  he  shall  discharge  all  duties 
which  may  be  prescribed  by  this  charter  or  by  the  Manager. 
He  shall  be  the  custodian  of  the  moneys  of  the  city  and  co\inty 
and  the  several  boroughs,  and  shall  pay  out  the  same  only  on 
warrants  drawn  by  the  Auditor.  He  may  deposit  such  moneys  in 
such  bank  or  banks  as  will  pay  the  highest  interest  on  the 
funds  so  deposited  upon  the  deposit  of  bonds  with  such  Treas- 
urer, as  provided  by  the  laws  of  the  State  of  California.   He 
shall  keep  such  books  and  records  as  may  be  prescribed  by  the 
Auditor. 

TAX  COLLECTOR  AND  EX-OFFICIO  LICENSE  COLLECTOR 
Sec.  73.   There  shall  be  a  Tax  Collector  who  shall  be 
ex-officio  License  Collector,  and  who  shall  be  appointed  by  the 
Manager.   He  shall  receive  an  arinual  salary  of  four  thousand 
dollars.   He  shall  have  and  exercise  all  powers  conferred  and 
shall  discharge  all  duties  imposed  upon  tax  collectors  and 
license  collectors  of  counties,  and  cities  and  counties  by  the 
laws  of  the  State  of  California,  except  as  otherwise  provided 
in  this  charter.   In  addition  thereto  he  shall  discharge  all 
other  duties  which  may  be  prescribed  by  this  charter  or  by  the 
Manager. 

'  .  RECORDER 

Sec*  74.   There  shall  be  a  Recorder  who  shall  be  ap- 

-46- 


pointed  "by  the  Manager.   He  shall  receive  an  annual  salary  of 
four  thousand  dollars.   He  shall  have  and  exercise  all  pov^ers 
conferred  and  shall  discharge  all  duties  imposed  upon  recorders 
of  counties,  and  cities  and  counties  by  the  laws  of  the  State 
of  California,  except  as  otherwise  provided  in  this  charter. 
In  addition  thereto,  he  shall  discharge  all  duties  which  nay 
be  prescribed  by  this  charter  or  by  the  Manager. 

Photography  shall  be  used  in  the  recordation  of  all  • 
papers  and  documents  whenever  required  by  the  Manager. 

COROliSR 
Sec.  75.   There  shall  be  a  Coronei-,  who  shall  be  ap- 
pointed by  the  Manager.  He  shall  receive  an  ajinual  salary 
of  three  thousand  dollars.   He  shall  have  and  exercise  all 
powers  and  shall  discharge  all  duties  imposed  upon  coroners 
of  counties,  and  cities  and  counties  by  the  laws  of  the  State 
of  California,  except  as  otherwise  provided  in  this  charter. 
In  addition  thereto,  he  shall  discharge  all  duties  which  may 
be  prescribed  by  this  charter  or  by  the  Manager. 

PUBLIC  ADMINIS!i]RATOR 
Sec.  76.   Hiere  shall  be  a  Public  Administrator  who 
shall  be  appointed  by  the  Manager.   He  shall  receive  an  arjaual 
salary  of  three  thousand  dollars.  Ke  shall  have  and  exercise 
all  powers  conferred  and  discharge  all  duties  imposed  upon 
public  administrators  of  counties,  and  cities  and  counties 
by  the  laws  of  the  State  of  California,  except  as  otherwise 
provided  in  this  charter.   In  addition  thereto,  he  shall  dis- 
charge all  duties  which  may  be  prescribed  by  this  charter  or 
by  the  Manager. 

.  The  City  Attorney  shall  be  the  attorney  for  the  Public 
Administrator.   The  Publjc  Administrator  and  his  attorney 

-47- 


shall  colleot  all  fees  and  commissions  to  which  such  officers 
are  entitled  under  the  laws  of  the  State  of  California,  and 
shall  pay  the  same  into  the  treasury  of  the  city  and  county 
to  the  credit  of  the  general  fund. 

PISH  AND  GAME  WARDEN 
Sec.  77.   There  shall  he  a  Fish  and  Game  Warden  who 
shall  be  appointed  by  the  Manager  whenever, in  his  opinion 
the  public  welfare  demands  the  services  of  such  an  officer. 
He  shall  receive  an  annual  salary  of  twelve  hiindred  dollars. 
He  shall  have  and  exercise  all  powers  conferred  and  discharge 
all  duties  imposed  upon  fish  and  game  wardens  of  counties, 
and  cities  and  counties  by  the  laws  of  the  State  of  California, 
except  as  otherwise  provided  in  this  charter.   In  addition 
thereto,  he  shall  discharge  all  duties  which  may  be  prescribed 
by  this  charter  or  by  the  Manager. 

LIl/ESTOCK  INSPECTOR 
Sec.  78.   There  shall  be  a  Livestock  Inspector  who 
shall  be  appointed  by  the  Manager  whenever  in  his  opinion 
the  public  welfare  demands  the  services  of  such  an  officer. 
He  shall  receive  a  salary  of  one  hundred  dollars  per  month. 
He  shall  have  and  exercise  all  powers  conferred  and  dis- 
charge all  duties  imposed  upon  livestock  inspectors  of 
counties,  and  cities  and  counties  by  the  laws  of  the  State 
of  California,  except  as  otherwise  provided  in  this  charter. 
In  addition  thereto,  he  shall  discharge  all  duties  which  may 
be  prescribed  by  this  charter  or  by  the  Manager;  provided, 
that  the  Manager  may  at  ixiy   time  consolidate  this  office  with 
the  office  of  Pish  and  Gaaie  Warden,  and,  in  the  event  of  suoh 
consolidation,  said  Pish  and  Game  Warden  shall  have  and 
exercise  all  powers  confirred  and  discharge  all  duties  imposed 

-48- 


by  this  section  upon  the. Llraatock  Inspector.   The  salary  of 
such  consolidated  office  shall  be  fixed  by  the  Metropolitan 
Coimcil,  ■ 

SEALER  OP  WEIGHTS  AHD  IffiASUHES 
Sec.  79.   There  shall  be  a  Sealer  of  Weights  and  Meas- 
ures who  shall  be  appointed  by  the  Manager.   He  shall  receive 
an  annual  salary  of  three  thousand  dollars.   He  shall  have  and 
exercise  all  powers  conferred  and  shall  discharge  all  duties 
imposed  upon  sealers  of  weights  and  measures  of  counties,  and 
cities  and  covtnties  by  the  laws  of  the  State  of  California, 
except  as  otherwise  provided  in  this  charter.   In  addition 
thereto,  he  shall  discharge  all  duties  which  may  be  prescribed 
by  this  charter  or  by  the  Manager. 

HORTICULTURAL  COMinSSIONER 
Sec,  80.   There  shall  be  a  Horticultural  Commissioner, 
who  shall  be  appointed  by  the  Manager.   He  shall  receive  such 
compensation  as  may  be  prescribed  by  the  Metropolitan  Council. 
He  shall  have  all  powers  conferred  and  discharge  all  duties 
imposed  upon  horticultural  commissioners  of  counties,  and 
cities  and  counties  by  the  laws  of  the  State  of  California, 
except  as  otherwise  provided  in  this  charter.   In  addition 
thereto,  he  shall  discharge  all  duties  which  may  be  prescribed 
by  this  charter  or  by  the  Manager. 

EMPLOYEES  OP  COUNTY  OFFICES 
Sec.  81.   There  shall  be  allowed  to  the  Sheriff,  Clerk, 
Auditor,  Treasurer,  Tax  Collector,  Recorder,  Assessor,  Coroner, 
Sealer  of  Weights  and  Measures,  and  Horticultural  Commissioner, 
until  such  time  as  classification  of  such  offices  shall  have 
been  made  by  the  Civil  Service  Commission,  such  assistance  as 

-49- 


shall  be  provided  by  the  laws  of  the  State  of  California  at 
the  time  this  charter  shall  take  effect  for  the  Sheriff,  County 
Clerk,  Auditor,  Treas\irer,  Tax  Collector,  Recorder,  Assessor, 
Coroner,  Sealer  of  Weights  and  Measures,  and  Horticultural 
Commissioner  of  the  County  of  Alameda. 

CITy  ATTORNEY 

Sec=  e??v   Tiber 8  shall  be  a  City  Attorney  who  shall  be 
appointed  by  the  Manager.  He  shall  receive  an  annual  salary 
to  be  fixed  by  the  Metropolitan  Council.  He  shall  be  a 
Qualified  elector  of  the  city  and  county  and  must  have  been 
such  for  at  least  three  years  next  preceding  his  appointment. 
He  must  be  an  attorney  admitted  to  practice  in  the  courts  of 
the  State  of  California,  and  must  have  been  engaged  in  the 
active  practice  of  law  for  at  least  five  years  next  preceding 
his  appointment.   He-  shall  be  the  legal  adviser,  except  in 
criminal  matters,  to  the  Metropolitan  Council,  the  Manager, 
and  all  departments,  boards  and  officers  of  the  city  and  county 
and  of  the  several  boroughs. 

1!he  City  Attorney  must  prosecute  and  defend  for  the  city 
and  county  and  for  the  several  boroughs  all  actions  at  law  or 
in  equity,  and  special  proceedings  for  or  against  the  city  and. 
covmty  or  any  borough,  or  in  which  the  city  and  county  or  any 
borough  may  be  legally  interested,  or  for  any  officer  of  the 
city  and  county  or  of  the  several  boroughs  in  any  action  or 
proceeding  when  directed  so  to  do  by  the  Manager  or  the  Metro- 
politan Council  or  board  of  trustees  of  any  borough.   Whenever 
any  cause  of  action  at  law,  in  equity,  or  in  any  special  pro- 
ceeding shall  dxi)»t  in  tavor  of  th*  city  and  eounty  or  any 
borough,  the  City  Attorney  shall  commence  the  same  when  within 
his  knowledge  or  when  directed  so  to  do  by  the  Metropolitan 

-50- 


*•,  _  t 


IC 


.  .•..-» 


.  • :    •»r 


■it.fCt\''  Vi^^'J''-^ 


Council  or  Borough  Board  of  Trustees.  He  shall  give  his  advice 
or  opinion  in  writing  to  any  officer,  board  or  commission  of 
the  city  and  co\inty  or  of  any  of  the  boroughs  when  requested 
in  writing  so  to  do  by  such  officer,  hoard  or  commission. 

The  City  Attorney  shall  approve  by  endorsement  in  writing 
the  form  of  all  official  or  other  bonds  required  by  this  charter 
or  by  ordinance  before  the  same  are  submitted  to  the  proper  body, 
board  or  officer  for  final  approval <  and  no  such  bond  shall  be 
approved  without  such  endorsement  as  to  form  by  the  City  At- 
torney. He  shall  approve  in  writing  the  draft  of  all  contracts 
before  the  same  are  entered  into  by  or  on  behalf  of  the  city 
and  county  or  any  borough.  He  shall  not  settle  or  dismiss  any 
litigation  for  or  against  the  city  and  county  or  any  borough 
imless  upon  written  recommendation  he  is  ordered  to  do  so  by 
the  Metropolitan  Council  or  the  board  of  trustees  of  the 
borough  concerned. 

The  City  Attorney  shall  discharge  all  other  duties  im- 
posed upon  him  by  this  charter  or  which  may  be  prescribed  by 
the  Manager  or  the  Metropolitan  Council. 

The   City  Attorney  shall  keep  on  file  in  his  office 
copies  of  all  written  communications  and  opinions  given  by 
him  to  any  officer,  board  or  commission;  copies  of  all  papers, 
briefs  and  transcripts  used  in  cases  wherein  he  appears,  and 
hooks  of  record  and  registry  of  all  actions  or  proceedings  in 
his  charge. 

The  City  Attorney  shall  appoint  aaad  may  suspend  or 
remove  such  assistants,  deputies,,!  clerks,  stenographers,  and 
other  persons  as  the  Metropolitan  Council  may  provide.   Such 
assistance  shall  not  be  subject  to  the  civil  service  pro- 
visions of  this  charter. 

-51- 


■1 .  ■ : 


Nothing  in  this  section  shall  be  construed  to  prevent  the 
Metropolitan  Council  from  employing  such  special  counsel  as  may 
from  time  to  time  be  necessary. 

l^he   City  Attorney,  until  such  time  as  the  Metropolitan 
Council  shall  have  provided  the  necessary  assistance  for  his 
office,  shall  be  allowed  one  assistant  who  shall  receive  three 
hundred  dollars  per  month;  tvco  deputies  who  shall  receive  two 
hundred  and  fifty  dollars  per  month  each,  and  two  stenogra- 
phers who  shall  receive  one  hundred  and  twenty-five  dollars 
per  month  each. 

PUBLIC  DEFENDER 
Sec.  83.  "Whenever  the  Metropolitan  Council  shall  have 
determined  that  the  public  welfare  requires  the  services  of 
such  an  officer  there  shall  be  a  Public  Defender  who  shall  be 
appointed  by  the  Manager.  He  shall  be  a  qualified  elector 
of  the  city  and  county  and  must  have  been  suoh  for  at  least 
three  years  next  preceding  his  appointment.   He  must  be  an 
attorney  admitted  to  practice  in  all  the  courts  of  the  State 
of  California,  and  must  have  been  engaged  in  the  active  prac- 
tice of  the  law  for  at  least  three  years  next  preceding  his 
appointment.  He  must  devote  all  his  time  to  the  duties  of  his 
office,  and  shall  not  engage  in  the  practice  of  law  except  in 
the  capacity  of  Public  Defender. 

Mr'-. 

Except  as  otherwise  provided  in  this  charter,  the  Pub- 
li«  Defender  shall  have  and  exercise  all  powers  and  discharge 
all  duties  conferred  or  imposed  by  the  laws  of  the  State  of 
California  on  public  defenders  of  counties.   In  addition 
thereto,  he  shall  discharge  all  duties  ^Haxch   may  be  prescribed 
by  this  charter  or  by  the  Manager. 

-52- 


PURCHASING  AGEUT 

Sec.  84.   IQiere  shall  be  a  Purchasing  Agent  who  shall  be 
appointed  by  the  Manager.  He  shall  receive  an  annual  salary, 
to  be  fixed  by  the  Metropolitan  Council,  ol  not  less  than  four 
thousand  dollars.   He  shall  purchase,  except  as  otherwise 
provided  in  this  charter,  all  materials,  supplies  and  equipment 
for  all  departments,  offices,  boards,  courts,  commissions  and 
institutions  of  the  city  and  county  and  the  several  boroughs 
thereof. 

All  departments,  offices,  boards,  courts,  commissions 
and  institutions  shall,  as  soon  as  the  annual  appropriation 
ordinance  shall  have  been  adopted,  furnish  the  Purchasing 
Agent  an  estimate  of  materials,  supplies  and  equipment  re- 
quired by  each  of  them  during  t.he  ensuing  fiscal  year. 

The  Purchasing  Agent  shall  purchase  and  keep  in  the 
city  and  county  store  all  materials,  supplies  and  equipment 
which  reasonably  and  advantageously  may  be  kept  in  such  store, 
and  shall  issue  such  materials,  supplies  and  equipment  on 
requisition  of  the  head  of  the  department,  office,  board, 
court,  commission  or  institution  requiririg  them,   Other  mater- 
ials, supplies  and  equipment  .shall  be  purchased  by  the  Pur- 
chasing Agent  upon  the  requisition  of  the  head  of  the  depart- 
ment, office,  board,  court,  commission  or  institution  requiring 
the  same.  ,         . 

STAHPAKDIZA^ION  OF  SUPPLIES 
Sec.  85.   The  Purchasing  Agent  shall  standardize,  as 
far  as  possible,  all  materials,  supplies  and  equipment  re- 
quired for  the  conduct  and  operation  of  all  departments, 
offices,  boards,  courts,  commissions  and  institutions  of  the 
city  and  coxinty  and  of  the  several  boroughs  thereof. 

-53- 


STORS  FUKD 
Sec.  86.  The   Metropolitan  Council  shall  provide  the 
necessary  working  capitalrequired  for  the  purchase  of  materials, 
supplies  and  equipment  for  the  city  and  county  store. 

REQUISITIONS  TO  BE  WITHI25  APPROPRIATIONS 
Sec.  87.   The  Purchasing  Agent  shall  not  furnish  any 
materials,  supplies  or  equipment  for  any  department,  office, 
board,  court,  commission  or  institution  unless  there  is  an 
unenc-umbered  balance  to  the  credit  of  such  department,  office, 
board,  court,  commission  or  institution  sufficient  to  pay 
therefor. 

TRANSFER  OF  FUNDS 
Sec.  88.   All  materials,  supplies  and  equipment  re- 
quired for  the  use  of. any  department,  office,  board,  court, 
commission  or  institution  shall  be  paid  for  by  the  transfer 
of  funds  from  the  ftmd  of  the  respective  department,  office, 
board,  court,  commission  or  institution  to  the  credit  of  the 
store  fund« 

ASSISTANCE  ID  PURCHASING  AGEIT 
Sec.  89,   The  Metropolitan  Council  shall  provide  the 
Purchasing  Agent  with  the  necessary  warehouses,  offices  and 
assistants. 

PEPARUffiNT  OF  PUBLIC  WORKS 
Sec.  90.   Ihe  Department  of  Public  Works,  except  as 
otherw^ise  provided  in  this  charter,  shall  have  charge  of  all 
public  work  relating  to  streets,  bridges,  viaducts,  tunnels 
and  subways;  street  cleaning,  lighting  and  watering;  sewers- 
and  sewage  disposal;  garbage  and  refuse  collection  and  dis- 
posal; public  buildings;  all  manner  of  public  work;  building 

-54- 


^1:     : 


;■,  !) 


©rf? 


inspection;  the  making  and  preservation  of  all  surveys,  maps, 
plans  and  drawings;  the  issuance  of  building  permits;  fire 
alarm  and  police  telegraph  systems;  all  electrical  work  of 
the  city  and  county,  and  all  other  matters  which  may  be 
assigned  to  it  by  this  charter  or  by  the  Metropolitan  Council 
with  full  power  to  order,  do  or  perform  all  or  any  of  such 
work, 

DIRECTOR  OF  PUBLIC  WORKS 

Sec.  91.   There  shall  be  a  Director  of  Public  Works 
who  shall  be  appointed  by  the  Manager,  and  who  shall  be  the 
head  of  the  Department  of  Public  Works  and  ex-officio  Survey- 
or and  City  Engineer.   He  shall  be  a  civil  engineer  of  not 
less  than  five  years*  practical  experience  as  such.   He  shall 
have  and  exercise  all  powers  conferred  and  shall  discharge  all 
duties  imposed  upon  city  engineers  and  surveyors  of  counties, 
and  of  cities  and  counties  by  the  laws  of  the  State  of  Cal- 
ifornia, and  in  addition  thereto  he  shall  discharge  such  other 
duties  as  may  be  prescribed  by  this  charter  or  by  the  Metro- 
politan Council. 

The  department  shall  be  organized  into  a  division  of 
Roads,  Streets  and  Sewers,  a  Division  of  Building  Permits,  a 
Division  of  Electricity,  and  such  other  divisions  as  may  be 
deemed  necessary  for  the  efficient  performance  of  the  duties 
of  the  department* 

DIVISION  OP  ROAPS,  STREETS  AND  SEVffiHS 
Sec.  92.   Uiere  shall  be  a  Superintendent  of  Streets  to 
be  appointed  by  the  Director  of  Public  Works,  who  shall  be  the 
head  of  the  Division  of  Roads,  Streets  and  Sewers.   This 
Division  shall  have  charge  of  all  road,  street,  bridge  and 
sewer  construction,  maintenance  and  repairs,  and  of  cleaning 

-55- 


and  watering  the  roads  and  streets,  and  of  the  collection  and 
disposition  of  garbage  and  other  refuse  within  the  city  and 
county. 

DIVISION  OP  BUILDING  PEHMITS  AND  INSPECTION 
Sec.  93.   '!rhere  shall  be  a  Building  Inspector  to  be 
appointed  by  the  Director  of  Public  Works,  who  shall  be  the 
head  of  the  Division  of  Building  Permits  and  Inspection.   This 
Division  shall  have  charge  of  all  building  permits  and  the 
enforcement  of  all  laws  and  ordinances  relating  to  buildings, 
except  as  otherwise  provided  in  this  charter. 

-  DIVISION  OP  ELECTRICITy 
Sec.  94.   Ihere  shall  be  a  Chief  Electrician  to  be  ap- 
pointed by  the  Director  of  Public  Works,  who  shall  be  the 
head  of  the  Division  'of  Electricity.   This  Division  shall  have 
charge  and  supervision  over  the  construction  and  maintenance 
of  the  fire  alarm  and  police  telegraph  systems;  shall  enforce 
all  rules,  regxilations,  orders  and  requirements  in  regard  to 
the  inspection  and  supervision  of  electrical  wires  and  appli- 
ances for  furnishing  light,  heat  or  power  in,  under,  over  or 
upon  the  streets  and  buildings  oi"  the  city  and  county;  shall 
have  charge  of  the  lighting  and  power  of  the  city  and  county; 
shall  make  tests  and  determine  the  light  and  heat-giving 
properties  of  gas  used  throughout  the  city  and  county,  and 
shall  have  general  charge  and  supervision  over  all  municipal 
electrical  matters. 

SPECiyiL  ASSESSMENT 
Sec.  95.   'AOienever  any  part  of  the  cost  of  the  construc- 
tion, re-construction,  re::>a?-r  or  maintenance  of  any  structural 
work  in  the  nature  of  a  pxitlic  improvement  (including  a  public 

-56- 


«/'_■ 


utility  and  work  upon  public  streets)  is  to  be  paid  for  by 
special  assessment  on  private  property,  the  proceedings  there- 
for shall  be  in  accordance  with  and  be  governed  by  the  general 
laws  of  the  State  of  California  in  force  and  effect  at  the 
time  such  proceedings  are  initiated,  with  the  following  ex- 
ceptions: 

First.   All  powers  conferred  and  all  duties  imposed  by 
the  general  laws  of  the  State  of  California  on  city  councils 
shall  be  performed  by  the  Metropolitan  Council. 

Second.  All  powers  conferred  and  all  duties  imposed  by 
the  general  laws  of  the  State  of  California  upon  the  clerk  of 
the  city  council  shall  be  performed  by  the  Clerk  of  the  city 
and  cotinty. 

Tlhird.   In  street  opening  and  closing  proceedings, 
officers  or  employees,  of  the  Department  of  Public  Works  shall 
be  appointed  commissioners  and  secretaries,  and  they  shall 
serve  without  additional  compensation.  Ifo  attorney  shall  be 
appointed,  but  all  duties  imposed  on  attorneys  under  the 
general  laws  of  the  State  of  California  shall  be  performed  by 
the  City  Attorney. 

Fourth.   If  at  any  time  prior  to  the  award  of  a  contract 
the  Metropolitan  Council  shall  determine  that  it  is  for  the 
public  interest  that  the  work  be  done  by  the  city  and  county 
and  not  by  contract,  it  may  so  order,  and  thereupon  the  work 
shall  be  done  by  the  city  and  county  under  the  direction  of  the 
Department  of  Works,  and  the  assessment  and  warrant  there:for 
shall  be  issued  in  the  name  of  the  city  and  county.  Assessments 
made  in  the  name  of  the  city  and  coTinty  shall  be  enforced  in  the 
same  manner  as  are  assessments  provided  for  in  the  general  laws 
of  the  State  of  California  governing  the  work. .  No  assessment 
under  this  provision  shall  be  for  more  than  the  cost  of  the 

-57- 


work  plus  incidental  expenses,  all  as  determined  by  the  Super- 
intendent of  Streets  prior  to  the  making  of  the  assessment. 

• 

ROAD  DISTRICTS 
Sec.  96.   Ihe  Metropolitan  Council  shall  divide  that 
portion  of  the  city  and  county  not  included  within  the  bound- 
aries of  any  borough  into  suitable  road  districts,  and  may 
change  the  bo^lndaries  thereof.  Such  road  districts  shall  be 
governed  as  provided  by  the  laws  of  the  State  of  California, 
except  that  the  Director  of  Public  Works  shall  exercise  the 
powers  and  duties  that  now  are  or  hereafter  may  be  conferred 
or  imposed  by  such  laws  upon  road  commissioners  and  county 
surveyors.   The  Metropolitan  Council  shall  have  all  power 
which  now  is  or  hereafter  may  be  conferred  upon  county  boards 
of  supervisors  relating  to  the  levy  of  taxes  in  such  road 
districts. 

CORPORATION  YARDS 
Sec.  97.   The  Director  of  Public  Works,  with  the  approval 
of  the  Metropolitan  Council,  shall  select,  establish  and  main- 
tain some  convenient  place  or  places  in  the  city  and  county 
which  shall  be  known  ^«-  Corporation  Yards  and  wherein  shall 
be  kept  all  materials,  supplies,  implements  and  machinery  be- 
longing to  the  city  and  county  to  be  used  in  repairing,  cleaning 
or  sprinkling  the  streets,  or  for  any  improvement  thereon,  or 
for  any  other  necessary  municipal  construction  purpose. 

LETTING  OF  CO'NOSACTS 
Sec.  98.   The  Metropolitan  Council  shall  prescribe  the 
method  of  letting  contracts  for  all  public  work  required  ^y 
law  to  be  let  by  contract. 


-56- 


POLICE  DEPABTl\iffiKT 

Sec.  99.   There  is  hereby  created  a  Police  Department 
of  the  city  and  county,  which  shall  consist  of  a  Chief  of 
Police  and  as  many  subordinate  officers  and  such  policemen 
and  employees  as  may  be  prescribed  in  the  mariner  provided  by 
this  charter. 

The  Chief  of  Police  shall  be  appointed  by  and  shall  hold 
office  at  the  pleas-ure  of  the  Manager. 

POWERS  AUD  IiUTIES  OP  CHIEF  OF  POLICE 
Sec.  100.   The  Chief  of  Police  shall  be  the  head  of  the 
Police  Department  and  shell  be  charged  with  the  management  and 
direction  of  the  Police  De^partment ,  with  full  power  to  detail 
any  of  the  members  of  the  Department  to  such  public  service  as 
he  may  direct;  he  shall  have  and  exercise  such  other  powers  and 
duties  connected  with  the  office  as  may  be  assigned' to  him  by 
the  Metropolitan  Council.   'Ihe  jurisdiction  of  all  officers 
and  employees  of  the  Police  Department  shall  extend  throughout 
the  city  and  county. 

SALARIES 
Sec.  101.   Salaries  of  all  of  the  employees  of  the  De- 
partment shall  be  uniform  for  each  rank  and  grade  in  the  De- 
partment as  classified  by  the  Civil  Service  Commission,  and 
shall  be  fixed  by  the  Metropolitan  Cotmcil. 

PRESENT  POLICE  OFFICERS  TO  COKTIHUE  IN  FORCE 
Sec.  102.  The  members  of  the  police  force  of  the  munici- 
palities of  Emeryville,  Oakland  and  Piedmont,  on  the  thirtieth 
day  of  June,  1923,  shall  be  retained  in  the  same  grade  or  like 
grades  and  at  the  same  salaries  then  existing'  until  they  shall 
have  been  reclassified,  promoted,  demoted,  or  removed,  as  pro- 
vided in  this  charter. 

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WOIvIEN'S  DIVISION 
Sec.  103.   The  Chief  of  Police  shall  organize  a  Women's 
Division  in  the  police  Department.   All  cases  involving  women, 
either  as  plaintiff,  defendant,  or  complaining  witness,  must 
be  referred  immediately  to  the  Women's  Division.   The  Manager 
shall  appoint  a  woman  as  Director  of  the  V/omen's  Division.   In 
all  cases  involving  women  she  shall  have  and  exercise  all  the 
powers  conferred  and  discharge  all  the  duties  imposed  upon 
inspeotors  of  the  Police  Department.   The  Director  of  the 
Women's  Division  may  appoint,  subject  to  the  civil  service  pro- 
visions of  this  charter,  such  assistants  as  may  be  allowed  by 
the  Metropolitan  Council. 

FIRS  DEPAR'MEWT 

Sec.  104.   There  is  hereby  created  a  Fire  Department  of 
the  city  and  county,  which  shall  consist  of  a  Fire  Chief  and 
as  many  subordinate  officers  and  such  firemen  and  employees 
as  may  be  prescribed  in  the  manner  provided  in  this  charter. 

She  Fire  Chief  shall  be  appointed  by  and  shall  hold 
office  at  the  pleasure  of  the  Manager. 

Ihe  Fire  Chief  shall  be  the  head  of  the  Fire  Department 
and  shall  be  charged  with  the  management  and  direction  of  the 
Fire  Department,  with  full  power  to  detg.il  any  of  the  members 
of  the  Department  to  such  public  service  as  he  may  direct ;  he 
shall  have  and  exercise  such  other  powers  and  duties  connected 
with  his  office  as  may  be  assigned  to  him  by  the  Metropolitan 
Council.   Ilie  jurisdiction  of  all  officers  and  employees  of 
the  Fire  Department  shall  extend  throughout  the  city  and  county. 

There  shall  be  such  fire  houses,  engines  and  other 
apparatus  and  equipment,  and  such  firemen  and  other  employees 
of  the  Department  as  shall  be  determined  by  the  Metropolitan 
Council.   Salaries  of  all  of  the  employees  of  the  Department 

-60- 


shall  be  uniform  for  each  rank  and  grade  in  the  Department  as 
classified  by  the  Civil  Service  Commission  aad  shall  be  fixed 
by  the  Metropolitan  Cotmcil. 

Nothing  in  this  charter  shall  be  taken  to  prevent  the 
Fire  Chief  from  making  use  of  volunteer  firemen,  whose  organi- 
zation and  discipline  shall  be  regulated  by  ordinance. 

The  Metropolitan  Council,  upon  the  recomCLPHdatlon  of  the 
Pire  Chief,  shall  adopt  rules  for  the  government,  equipment  and 
uniform  of  the  officers,  employees  end  members  of  the  Fire 
Department. 

SALARIED  MET'CBERS  OF  THE  FIRE  DEPARIMENT 
CONTIITJED  m   FORCE 
Sec.  105.  Salaried  members  of  the  fire  departments  of 
the  municipalities  of  Emeryville,  Oakland  and  Piedmont,  on  the 
thirtieth  day  of  June,  1923,  shall  be  retained  in  the  same 
grade  or  like  grades  and  at  the  same  salaries  then  existing 
until  they  shall  have  been  reclassified,  promoted,  demoted, 
or  removed,  as  provided  in  this  charter. 

Ct^lL   SERVICE  COJEIISSIOU 
Sec.  106.   Ihere  is  hereby  created  a  Civil  Service  Com- 
mission consisting  of  three  electors  of  the  city  and  co\mty 
who  shall  serve  without  compensation.   The  Mayor  first  elected 
after  the  adoption  of  this  charter,  shall,  within  two  weeks 
after  taking  office,  appoint  three  electors  of  the  city  and 
cotmty  as  members  of  the  Commission,  one  to  serve  for  two 
years,  one  for  four  years,  and  one  for  six  years,  to  take 
office  as  soon  as  appointed  and  qualified.   Ihereaf ter  members 
of  the  Commission  shall  be  appointed  by  the  Mayor  to  serve  for 
terms  of  six  years  and  until  their  successors  shall  have  been 
appointed  and  shall  have  qualified.   If  a  vacancy  shall  occur 

-61- 


in  the  office  of  CortiTDissioner  it  shall  be  filled  "by  appointment 
by  the  Mayor  for  the  unexpired  term. 

OFFICERS  OF   TEE  CIVIL  SERVICE  COIvttllSSION 
Sec.  107.   The  Commission  shall  designate  one  of  its 
members  as  President,  shall  appoint  a  chief  examiner  who  shall 
be  ex-officio  secretary,  and  may  appoint  such  other  employees 
as'  the  Commission  laay  deem  necessary.   !Che  salaries  of  the 
chjaf  esraminer  and  all  other  employees  of  the  Commission  shall 
be  fixed  by  the  Commission. 

CLASSIFICATION  OF  CIVIL  SERVICE 
Sec.  108.   The  civil  service  of  the  city  and  county  is 
hereby  divided  into  the  unclassified  and  the  classified  service. 
!I3ie  \inclassified  service  shall  include: 

1.  All  officers  elected  by  the  people. 

2.  The  Manager. 

3.  All  heads  of  departments. 

4.  The  members  of  all  appointed  boards  and  commissions. 

5.  All  persons  serving  the  city  and  county  without  com- 
pensation. ^ 

6.  All  assistants,  deputies  and  other  employees  in  the 
offices  of  the  District  Attorney  and  of  the  City  Attorney. 

7.  All  officers  of  election. 

8.  All  deputies  and  secretaries  of  the  Manager. 

9.  The  secretary  to  the  Mayor. 

10.  All  borough  clerks. 

The  classified  civil  service  shall  comprise  all  positions 
not  specifically  included  by  this  charter  in  the  \inclassif ied 
service;  provided,  that  in  case  of  a  vacancy  requiring  peculiar 
and  exceptional  qualifications  ox  a  scientific,  professional  of 
expert  character,  upon  satisfactory  evidence  that  competition  • 

-62- 


is  impracticable  and  that  the  position  can  best  be  filled  by  the 
selection  of  a  person  of  recognized  attainments,  the  Commission, 
upon  the  recommendation  of  the  Metropolitan  Cotincil  or  of  the 
Manager,  may  suspend  competition,  but  no  such  suspension  shall 
be  general  in  its  applicction  to  such  position,  and  all  such 
cases  of  suspension  shall  be  reported  by  the  Commission,  to- 
gether with  the  reasons  therefor,  to  the  Metropolitan  Council. 

DUTIES  OF  THE  CIVIL  SERVICE  COMIISSIOB 
Sec.  109.   It  shall  be  the  duty  of  the  Civil  Service  Com- 
mission: 

1.  To   provide  for  the  standardization  and  classification 
of  all  positions  in  the  classified  civil  service.   !I!he  classifi- 
cation into  groups  and  subdivisions  shall  be  based  upon  and 
graded  according  to  the  duties  and  responsibilities  of  such 
positions,  and  shall.be  so  arranged  as  to  permit  the  filling  of 
the  higher  grades  through  promotion.   All  salaries  shall  be 
uniform  for  like  service  in  each  grade  as  the  same  shall  be 
classified  and  staadardized  by  the  Commission.   No  standardiza- 
tion or  classification  of  salaries  shall  become  final  until 
approved  by  the  Metropolitan  Council,  and  no  salaries  shall  be 
paid  except  in  accordance  with  such  standardization  and  class- 
ification.  Itie  Metropolitan  Council  shall  not  approve  any 
standardization  or  classification  of  salaries  until  at  least 
thirty  days  after  it  shall  have  been  submitted  to  the  Metro- 
politan Council  by  the  Commission.   For  the  purpose  of  making 
the  initial  standardization  and  classification,  the  Metro- 
politan Council,  upon  the  recuest  of  the  Commission,  shall  fur- 
nish to  the  Commission  such  assistance  as  may  be  necessary. 

2.  To  prepare  and  hold  open  competitive  examinations 
in  order  to  test  the  relative  fitness  of  all  applicants  for 

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appointment  to  the  classified  civil  service. 

CIVIL  SERVICE  APPOIiraaiNTS 
Sec.  110.  Whenever  a  position  in  the  competitive  classi- 
fied civil  service  is  to  be  filled,  the  appointing  authority 
shall  notify  the  Commission  of  that  fact,  and  the  Commission 
shall  certify  to  such  authority  the  names  and  addresses  of  the 
three  candidates  standing  highest  on  the  eligible  list  for  the 
class  or  grade  to  which  such  position  belongs.   The  appointing 
authority  shall  appoint  to  such  position  one  of  the  three  per- 
sons certified  to  him. 

CIVIL  SERVICE  EMPLOYEES 
Sec-  111.   All  persons  in  the  employ  of  the  County  of 
Alameda  or  of  any  municipality  therein  at  the  time  this  charter 
shall  take  effect,  whose  positions  it  is  designed  by  this  char- 
ter to  include  in  the -classified  civil  service,  shall,  unless 
otherwise  provided  in  this  charter,  and  subject  to  demotion, 
suspension,  and  removal,  continue  to  hold  their  respective 
positions  pending  the  classification  thereof  and  the  determin- 
ation of  the  class  and  grade  of  said  employees. 

PREFERENCE 
Sec.  112.   Whenever  in  a  competitive  examination  the 
total  rating  of  any  person  who  has  engaged  in  the  military  or 
naval  service  of  the  United  States  during  the  Civil  War, 
Spaiiish-American  war,  Philippine  insurrection,  China  Relief 
Expedition,  or  war  against  Germany  and  Austria,  and  hes  been 
honorably  discharged  from  such  service,  is  equal  to  that  of 
others  passing  the  exemination  who  have  not  engaged  in  said 
service,  then  that  person  sliall  have  preference  over  all  others 
of  the  same  rating,  end  the  apr)ointing  authority  shall  be  re- 
quired to  follow  such  preference  in  appointing  to  the  position 

-64- 


in  v^uestion. 

REMOVAL  Al©  SUSPENSION 
Sec.  113.  Any  officer  or  employee  in  the  classified 
civil  service  may  "be  removed  or  suspended  by  the  Manager  or 
other  appointing  authority,  and  may  be  suspended  for  a  period 
not  to  exceed  three  days  by  the  head  of  the  department  in 
which  he  is  employed,  but  said  officer  or  employee,  within 
five  days  after  such  removal  or  suspension,  shall  be  furnished, 
upon  his  demand,  with  a  written  statement  of  the  reasons  there- 
for, and  a  copy  of  such  statement  shall  be  filed  with  the  Com- 
mission and  be  made  a  part  of  the  records  thereof. 

POLITICAL  ACTIVIIY 
Sec.  114.  No  officer  or  employee  of  the  city  and  county 
shall  directly  or  indirectly  make,  solicit  or  receive,  or  be 
in  any  manner  concerned  in  making,  soliciting  or  receiving  any 
assessment,  subscription,  or  contribution  for  any  political 
party  or  any  political  purpose  whatsoever.  No  person  holding 
a  position  in  the  classified  civil  service  shall  take  any 
part  in  political  management  or  affairs  in  any  political  cem- 
paign  or  election,  or  in  any  campaign  to  adopt  or  reject  any 
initiative  or  referendum  measixre  other  than  to  cast  his  vote 
or  privately  to  express  his  opinion.   Any  employee  violating 
the  provisions  of  this  section  shall  be  removed  forthwith 
from  office, 

^         INTESITGATION  BY  CIVIL  SERVICE  COMMISSION 

Sec.  115.   The  Commission,  for  the  purpose  of  carrying 
into  effect  the  civil  service  provisions  of  this  charter,  shall 
have  power  to  investigate  ''he  conduct  and  operation  of  any  de- 
partment or  board,  and  to  subpoena  and  require  the  attendance 
of  witnesses  and  the  production  o;:  books  and  papers  and  to 

-65- 


di  «;•••■ 


administer  oaths.   Any  person  failing  to  obey  its  subpoena  or 
refusing  to  testify  or  produce  books  or  papers  required  of  him 
shall  be  deemed  to.  be  in  contanpt,  and  the  Commission  shall 
have  power  to  take  such  proceedings  in  the  punishment  thereof 
as  may  be  taken  by  boards  of  supervisors  as  provided  by  the 
laws  of  the 'State  of  California. 

KUL3S  OF  CIVIL  SERVICE  CG1.MISSI0K 
Sec.  116.   laie  Commission  shall  have  power  to  adopt  such 
rules  as  may  be  necessary  and  proper  for  the  enforcement  of  the 
foregoing  provisions  of  this  charter. 

SCHOOL  Dismicns 

Sec.  117.  All  school  districts,  high  school  districts, 
union  high  school  districts,  and  joint  union  high  school  dis- 
tricts, existing  within  the  territory  constituting  the  City 
and  County  of  Oakland  at  the  time  this  charter  shall  take  effect, 
are  hereby  continued  in  existence.   All  of  said  districts  shall 
be  governed  by  one  Board  of  Education  and  one  Superintendent 
of  Schools,  chosen  as  hereinafter  provided.   The  boundaries  of 
any  or  all  of  said  districts  may  be  changed,  or  any  or  all  of 
said  districts  may  be  consolidated,  or  new  districts  may  be 
organized  in  the  manner  provided  by  the  laws  of  the  State  of 
California. 

BOARD  OF  EDUCAriON 
Sec-  118.   !Ihere  is  hereby  created  a  Board  of  Education 
which,  except  as  otherwise  provided  in  this  charter,  shall  be 
the  governing  body  of  all  school,  high  school,  union  high  school, 
and  joint  union  high  school  districts  within  the  city  and  county. 
For  this  purpose,  erccept  e.s  otherwise  provided  in  this  charter, 
the  Board  of  Education  ^all  have  and  possess  all  powers  and 
be  charged  with  all  duties  now  or  hereafter  conferred  or  imposed 

-66- 


UiiliOG      6fl 


•] ;;  n  c 


rd 


by  the  Constitution  and  laws  of  the  State  ol  California  upon 
county  boards  of  edxication,  trustees  of  common  school  dis- 
tricts, boards  of  education  in  city  school  or  city  high  school 
districts,  and  governing  boards  in  high  school,  union  high 
school,  and  joint  union  high  school  districts. 

COIvIPCSITION  OF  BOARD  OF  EDUCATION 
Sec.  119.   The  Board  of  Education  shall  consist  of  nine 
School  Directors  who  shall  be  appointed  by  the  Mayor,  one  from 
each  cotincil  district,  and  two  at  large  from  the  entire  city 
and  county.  All  School  Directors  shall  serve  without  com- 
pensation.  Of  those  School  Directors  first  appointed  tinder 
the  provisions  of  this  charter,  three  shall  be  appointed  to 
serve  and  hold  office  until  12  o'clock  noon  on  the  first  Monday 
after  the  first  day  of  January,  1925;  three  to  serve  and  hold 
office  until  18  o'clock  noon  on  the  first  Monday  after  the 
first  day  of  January,  1927,  and  three  to  serve  and  hold  office 
until  12  o'clock  noon  on  the  first  Monday  after  the  first  day 
of  January,  19S9.   Thereafter,  as  the  terms  of  the  School 
Directors  expire,  their  saccessors  shall  be  appointed  by  the 
Mayor  for  terms  of  six  years  and  shall  hold  office  until  their 
successors  shall  have  been  appointed  and  shall  have  qualified. 
If  a  vacancy  shall  occur  in  the  office  of  School  Director,  it 
shall  be  filled  by  appointment  by  the  Mayor  for  the  remainder 
of -^  the  xinexpired  tern.   Such  appointee  must  be  a  resident  of 
the  council  district  in  which  the  vacancy  occurs,  unless  the 
vacancy  shall  have  occurred  in  the  office  of  School  Director  at* 
Large ,  in  which  case  such  appointee  may  be  a  resident  of  any 
district  in  the  city  and  coTnt.y.   Each  Sohocl  Director  must  have 
been  an  elector  of  the  city  aad  coiinly  for  not  less  than  one  year 
next  preceding  his  appoint  cent. 

-67- 


MEETINGS  OF  BOARD  OP  EDUCATIOH 
Sec.    lEO.      The  Board  of  Education  first   appointed  imder 
the  provisions  of   this  charter  shall  hold  its  first   meeting   in 
the  rooms   of   the  Board  of   Education  in  the  City   Hall  of  the 
present   City  of   Oakland  at  10  o'clock  a.m.   on  the  secorjd  Monday 
following  its   appointment   by  the  Mayor.      At  such  meeting    the 
Board  of  Education  shall  organise  and  provide  for  a   time   and 
place  for   the  holding  of   regular  meetings.      All  meetings  of 
the   Board  of   Education  shall  be    open  to    the  public,   and  the 
minutes  and  all  books  of   the  Board  of  Education  shall  be  open 
at  all  reasonable    times  for  public  inspection.      Ho  meetings 
shall  be   held  except  at  such  reguD.ar  place   of   use  ting. 

Absence  from  three  consecutive  regular  meetings,  unless 
excused  by  the  Board  of  Education,  shall  operate  to  vacate  the 
office  of  any   School  Director  so  absent. 

Special  meetings  may  be  called  at   any  time  by  the  Presi- 
dent of  the  Board  of  Education,   or  by  any  tvro    School  Directors, 
upon  written  notice  to   each   School  Director,   served  personally 
upon  him  or  left  at  the   place  designated  by  him  on  the  books  of 
the  secretary   f which  designation  must   be  made    to  and   a  record 
thereof  kept   by   the   secretary)   at  least    twenty-four  hours  before 
the   time   of    the  proposed  meetiiig.      Each  notice  must  specify   the 
subjects  to   be  considered,  and  no  other  business  shall  be   tran- 
sacted at  such  ireeting. 

QUORUM  0?  BOARD  OP   EDUCATION 
Sec.    121.     A  majorl'sy  of  the  Board  of  Education  shall 
constitute  a  qusmm  for  the   transaction  of   business,   but   no 
act   of   tihe  Board   of  Edvjcstion  shall   bo   valid  unless   a  majority 
of  all   the  School  Directors  consitr  therein. 

-68- 


'       PHOCEDUHID  OF  BOARD  0?   EDUCATION 
Sec.   122.      The  Board  of  Edvication,   except  as  otherv/ise 
provided  in  this  charter,    shall   determine   its  rales  of  proce- 
dure.     It  shall  keep  minutes  of    its  prooeedings.      The  vote 
upon  all  matters  coming   before   the  Board  of  Education  shall  be 
taken  by   ayes  and  noes  and   entered  upon  its  minutes. 

OFFICERS  OP  BOARD  OF    EDUCATION 

Sec.    123,      "Ihe  Board  of  Education  shall  elect   one    School 
Director  as  President  of    the  Board.      The  President    first   elect- 
ed under   tlie   provisions  of   this    charter  shall  hold  office  un- 
til the  first  Monday  after  the   first   day  of  January,   19E4,   and 
thereafter  the  President  shall  be    elected  by   the  Board  for   the 
term  of   one  year. 

The  Board  of  Education  shall  also  elect  a  Superintendent 
of   Schools  who   shall  be  ex-officio  secretary  of  the  Board  of 
Education.      No   School  Director   shall  be   chosen  as  Superintend- 
ent  of   Schools  dtiring  the   term  of   office  for  which  he   shall 
have  been  appointed.     During   the  absence  or  disability   of  the 
Superinteiident  of   Schools   the  Board  of   Education  shall  desig- 
nate some   properly   qaalifiei  p'jrson  to   perform  his  duties. 

POVffiRS  OF    SUPERTNTENDETIT  CP   SOEOOLS 
Sec.    124.      The   Superintendent  of   Schools   shall  be    the 
executive  officer  of   the  Board  of   Education  and,   except   as 
otherwise  provided  in  this  charter,   ha   shall  possess  all  powers 
and  be   charged  t7ith  all  duties  now  or  hereafter  conferred  or 
imposed  by   the  Oons  titvtion  and   laws  of  the  State   of   California 
upon  county  superintendents  of  schools  and   su.perintendp^nta  of 
schools  of  city  school  districts,   high  school  districts,   union 
high  school  districts,  c-ad.  joint   union  high  school  districts, 

-69- 


aiid  such  other  duties  as  may  be  prescribed  by  the  Board  of 
Edocation.      He   shall  be  responsible   to    the  Board  of  Education 
for   the  proper  and  efficient  conduct   and  operation  of  all  public 
schools  and  for   the   efficient   administration  of  all   the  offices 
,     of  the  Board  of  Education.      No  appointment,    transfer  or  dis- 
missal of  any  employee  of  the  Board  of  Education  shall  be  made 
by  the  Board  e:scept  upon  recommendation  of  the    Superintendent 
of   Schools.      It   shall  be    the   duty  of   the    Superintendent  of 
Schools  to   make   annually   to   the  Mayor  a  firiancial  report,    segre- 
gated by  districts,    and  such  other  reports  as   the  Board  of 
Education  may  require,   which  reports  shall  be  published  in  pam- 
phlet form  for  general  distribution. 

SCHOOL  BUDGET 

Sec.   125.      The   Superintendent  of   Schools,    at  such  time 
as  the  Board  of  Education  may  direct,    shall  submit   to   the 
Board  a  detailed  estimate  of  the   expenditures  required  for  the 
proper  support  of    education  for  the   ensuing  year  of  each  of 
the  school  districts,   high  school  districts,   union  high  school 
districts,    and    joint  union  high  school  districts,    into  which 
the  city   and  county  nay  be  divided,   which   estimate  shall  in- 
clude the  expenditures   required   to  be  made  on  account  of   the 
Board  of  Education  and  the  office   of   the  Superintendent  of 
Schools,    and  all  other  suns  yctiraated   to    be   required  for  out- 
lay for  new  buildings,    repair  of  buildi.rigs  and  grounds,    in- 
cluding  equipment,    and  for  irxcreasing  generally  the    school 
facilities  of  the  several  districts,  and   such  other  items  as 
may  be    required  by  the  Board  of  Education. 

The  Board  of  Education  thereupon  shall  examine  said 
estimate  and   adopt  the  s^sne   with   or  without   amendments  as  it 
may  deem  proper,    and  cejftil'y  the  same   to   the  Auditor. 

-70- 


Claims   to  be  paid  from  the  school  fund  must  be  based  on 
vouchers  approved  h^  the  Board  of  Education. 

CIVIL   SERVICE   IliJ  SCHOOL  DEPAHOMEKT 
Sec.   126.      The   Superintendent  of  Schools,    all  assistant 
Superintendents  of    Schools,    aad  all  employees  of   the  Board  of 
Education  who  are  now  or  hereafter  may  be  required  "o^  law  or 
by  rule  of   the  said  Board  to   have   teaching   certificates,    shall 
be   included   in  the  unclassified  civil  service,    shall   be  ap- 
pointed by   the  Board,    and  may  be    suspended,    demoted,   or  removed 
by  the  Board.      All  other  employees  of    the  Board  shall  be   in- 
cluded in  the   classified  civil  service  and   shall  be  appointed 
by  the  Board. 

SCHOOL  BUILDINGS 

Sec.    127.      vVhenever  the  Board  of  Education  shall  have 
determined  upon  the   construction,   alteration  or  repair  of  any 
school  building  or  addition  to  any  school  building,    the  Board 
shall  file  with  the  Department    of  Publics  V7crk3  a  detailed 
requisition  for  such  construction,   alteration  or  repair. 

The  Department   of  Public  Works  thereupon  shall  prepare, 
in  accordance  with  the  requisition,   the  necessary  plans,    specifi- 
cations and  estimates  and  submit  the  same  to   the  Board  of  Educa- 
tion for   approval. 

The  Board  of  Education  then  may  approve  or  reject  such 
plaris ,   specifications   and  estim&tes.      If  not   approved,    s'ach 
plans,    specifications  and  estimates   sliall  be   referred  to  the 
Department  of  Public  17orks,  which   shall  make  the   necessary 
changes  and  corrections  a)id   shall  re-submit   to   the  Board  of 
Education  the  plans,   specifications  and  estimates,   as  corrected. 

'Then  the  Board  of  Education  shall  have  approved  such 

-71- 


plans,  specifications  and  estimates,  and  such  approval  shall 
have  been  endorsed  thereon,  they  shall  he  filed  with  the  De- 
partment of  Public  Works,  which  shall  proceed  immediately  to 
perform  the  necessary  work  in  accordance  therewith  within  the 
limits  of  appropriations  made  therefor  by  the  Metropolitan 
Council. 

The  Department  of  Public  Works,  upon  the  completion  of 
said  work,  shall  notify  the  Board  of  Education  of  such  com- 
pletion, and  said  Board  thereupon  shall  examine  such  work. 
If  the  work  conforms  to  the  plans,  specifications  and  esti- 
mates approved  by  the  Board,  the  work  shall  be  accepted  by 
the  Board,  and  the  cost  of  the  work,  including  supervision 
thereof,  shall  be  charged  to  the  proper  school  fund  of  the 
district  in  which  the  work  vms  performed. 

PURCHASE  OF  SUPPLIES  AND  EQUIPMENT 
Sec.  128.   !rhe  purchase  of  all  materials,  supplies  and 
equipment  shall  be  made  by  the  Purchasing  Agent  of  the  city 
and  county  upon  detailed  requisitions  of  the  Board  of  Educa- 
tion. 

BOARD  OF  LIBRARY  IF.USTEES 
Sec,  129.   Ihere  is  hereby  created  a  Board  of  Library 
Trustees,  which  shall  consist  of  seven  members  who  shall  be 
appointed  by  the  Manager,  and  who  shall  serve  without  com- 
pensation.  Of  those  library  trustees  first  appointed  Tinder 
the  provisions  of  this  charter  two  shall  be  appointed  to 
serve  and  hold  office  until  12  o'clock  noon  on  the  first  Monday 
after  the  first  day  of  January,  1925;  two  to  serve  end  hold 
office  until  12  o'clock  noon  on  the  first  Monday  after  the 
first  day  of  January,  19£7,  and  three  to  serve  and  hold  office 
until  12  o'clock  noon  on  ccxe  firsi  Monday  after  the  first  day 

-72- 


oofLs 


T^ 


of  January,  1929.   Thereafter,  as _the  terms  of  the  litrary  trus- 
tees expire,  their  succosGors  shall  be  appointed  by  the  Manager 
to  serve  and  hold  office  for  terms  of  six  years  and  until  their 
successors  shall  have  been  appointed  and  shall  have  qualified. 
If  a  vacancy  shall  occur  in  the  office  of  library  trustee  it 
shall  be  filled  by  appointment  by  the  Manager  for  the  remainder 
of  the  unexpired  term.  Each  library  trustee  must,  have  been  an 
elector  of  the  city  and  county  for  not  less  than  one  year  pre- 
ceding his  appointment. 

POWERS  Am   DUTIES  OP  BOARD  OP  LIBRARY  TRUSTEES 
Sec.  130.   The  Board  of  Library  Trustees  shall  have  the 
exclusive  management  and  control  of  all  libraries,  reading 
rooms,  museums  and  art  galleries  belonging  to  or  operated  by 
the  city  and  county  or  any  borough  thereof.   The  Board  shall 
have  the  power  to  msike  and  enforce  such  rules  and  regulations, 
not  inconsistent  with  the  provisions  of  this  charter,  as  it 
may  deem  necessary  for  the  efficient  performance  of  its  duties. 

With  respect  to  all  libraries,  reading  rooms,  museums 
and  art  galleries  under  its  direction,  the  Board  shall  have  and 
exercise  all  powers  and  shall  be  charged  -with  all  duties  now  or 
hereafter  conferred  or  imposed  by  the  Constitution  and  laws  of 
the  State  of  California  upon  boards  of  library  trustees  of 
counties,  cities,  cities  and  coiJities  and  towns,  so  far  as  such 
laws  are  not  inconsistent  with  the  provisions  of  this  charter. 

All  professional  emx'l^i'ses  of  the  Board  shall  be  in- 
cluded in  the  unclassified  civil  service,  their  nuiaber  and 
salaries  shall  be  fixed  by  the  Board  within  the  limits  of  the 
appropriations  made  by  the  lAe  troFoliian  Coxmcil  for  libraries, 
reading  rooms,  museums  and  art  galleries,  and  they  shall  be  ap- 
pointed by  the  Board  and  may  be  sispended,  demoted,  or  removed 

-73- 


by  it.  All  other  officers  end  employees  of  the  Board,  subject  ' 
to  the  civil  service  provisions  of  this  charter,  shall  be  ap-  | 
pointed  by  the  Board,  and  may  be  suspended  ,  demoted,  or  re- 
moved by  it.  ; 

I 
The  purchase  of  all  materials,  supplies  and  equipment      \ 

for  libraries,  reading  rooms,  museum^  and  art  galleries  in  the    j 

city  and  county,  excepting  manuscripts,  pictures,  prints,  statu-  ] 

ary  and  other  works  of  art,  curios  and  objects  of  exhibition, 

shall  be  made  by  the  Purchasing  Agent  of  the  city  and  county      i 

upon  detailed  requisitions  of  the  Board  of  Library  Trustees.      i 

The  Board  shall  have  power  at  any  time  to  sell  or  ex-      , 

change  books,  periodicals,  manuscripts,  pictures,  prints, 

statuary  or  other  works  of  art,  exhibits,  curios  or  other        ■ 

objects  of  exhibition,  and  all  moneys  received  from  such         1 

j 

sales  or  exchanges  shall'  be  paid  into  the  library  fvind.  \ 

i 

LIBRARY  BUILDINGS  1 

i 

'\ 

Sec.  131.  Whenever  the  Board  of  Library  Trustees  shall    i 

i 
have  determined  upon  the  construction,  alteration  or  repair  of    ; 

any  library,  reading  room,  museum  or  art  gallery,  or  any  ad-  i 

dition  thereto,  the  Board  shall  file  with  the  Department  of 

Public  Works  a  detailed  requisition  for  such  construction,  alter-  \ 

ations  or  repairs. 

The  Department  of  Public  Vorks  shall  thereupon  prepare,  \ 

in  accordance  with  such  requisition,  the  necessary  plans,  speci-  ' 

',■1 

fications  and  estimates  and  submit  the  same  to  the  Board  of 

Library  Trustees  for  apt)roval.  ! 

The  Board  of  Library  Trustees  may  then  approve  or  reject  j 

such  plans,  specifications  and  estimates.   If  not  approved,  said  i 

■i 

plans,    specifications  aaid  estimates   shall  be   referred  to    the  ^ 

'i 
Department   of  Public   Wt>rlcs,   which  shall  make    the  necessary  i 


iO    DC 


.  0  riL- 


i>-^'. 


Oi.i  iiij  i.ivi  Hi, 


y.tJ  b9i£ti.Oi 


ji3Xa/I£J.f 


•tdli 


o+'^rsrf?  :tr 


iiefticoo 


changes  and  corrections  and  shall  re-submit  the  plans,  specifi- 
cations and  esticnates  ac  corrected  to  the  Board  of  Library 
Trustees. 

When  the  Board  of  Library  Ttustess  shall  have  approved 
such  plans,  specifications  and  estimates,  and  such  approval 
shall  have  been  endorsed  thereon,  they  shall  be  filed  with  the 
Department  of  Public  Works,  vrMch  immediately  shall  proceed 
to  perform  the  necessary  work  in  .accordance  therewith  within 
the  limits  of  appropriations  made  therefor  by  the  Metropolitan 
Council. 

Upon  the  completion  of  said  work,  the  Department  of 
Public  vVorks  shall  notify  the  Board  of  Library  Trustees  of 
said  completion,  and  said  Board  shall  thsreupon  examine  such 
work.   If  the  work  conforms  to  the  plans,  specifications  and 
estimates  approved  by  the  Board,  the  v;ork  shall  be  accepted 
by  the  Board,  and  the  cost  of  the  work,  including  supervision 
thereof,  shall  be  charged  to  the  library  fund. 


DSPART-IEIIT  OP  PUBLIC  HEALTH,  HOSPITALS  AND  SOCIAL  'ffiLPAlffi  j 

Sec.  13H.   Tliere  is  hereby  created  a  Department  of  Health, 

Hospitals  and  Social  Welfare  which  shall  be  under  the  exclusive  ; 

i 

management  and  control  of  a  Board  of  Health,  Hospitals  and  ] 

Social  Welfare.   Said  Board  shall  consist  of  seven  members  who  ; 

shall  be  appointed  by  the  Manager  and  who  shall  serve  without 

compensation.  ' 

Of  those  members  first  appointed  under  the  provisions  of  ! 

this  charter,  three  shall  be  appointed  to  serve  and  hold  office  i 

vmtil  12  o'clock  noon  on  the  first  Monday  after  the  first  day  I 

of  January,  1925 r  and  foui  to  serve  and  hold  office  until  IS  , 

o'clock  noon  on  the  first  Konday  after  the  first  day  of  January,  I 

1927.   Thereafter,  as  tho  terms  of  the  members  expire,  their  1 

I 

-75- 


successors  shall  be  appointed  by  the  Manager  for  terms  of  four 
years  and  shall  hold  office  until  their  successors  shall  have 
been  appointed  and  shall  have  qualified.   If  a  vacancy  shall 
occur  in  the  office  of  a  member  of  the  Board,  it  shall  be 
filled  by  appointment  by  the  Manager  for  the  unexpired  term. 

The  Board  shall  organize  the  department  into  a  Division 
of  Public  Health,  a  Division  of  Social  i;7elfare,  and  a  Division 
of  Hospitals. 

The  Board  shall  hare  pov.'er  to  make  and  enforce  such 
rules  and  regulations  as  it  may  deem  necessary  for  the  effi- 
cient performance  of  its  duties,  and  to  create  other  divisions 
of  the  work  under  its  jurisdiction.   All  officers  and  employees 
of  the  department  shall  be  included  in  the  unclassified  civil 
service  and  their  number  and  salaries  shall  be  fixed  by  the 
Board  with  the  approval  of  the  Metropolitan  Council.   Said 
officers  and  employees  shall  be  appointed  by  the  Board  and  may 
be  suspended,  disciplined,  demoted,  or  removed  by  it. 

DITISION  OF  PUBLIC  HEALIH 

Sec.  133.   There  shall  be  a  Health  Officer  who  shall  be 
ex-officio  head  of  the  Division  of  Public  Health.   He  shall  be 
a  graduate  of  a  reputable  medical  college  or  shall  have  re- 
ceived a  degree  or  certificate  in  public  health  from  the 
University  of  California  or  an  institution  of  like  standing. 
He  shall  have  practiced  medicine  or  shall  have  been  actively 
engaged  in  public  health  work  for  at  least  five  years  prior  to 
his  appointment. 

The  Health  Officer  shall  be  the  chief  executive  officer 
of  the  Division  of  Public  Health,  and  shall  have  general  super- 
vision over  all  its  func:ticns.   He  shall  be  specially  charged 
with  the  execution  witJ.in  the  city  and  county  of  the  laws  of 

the  State  of  California  and  the  rules  £.nd  regulations  of  the 

-76- 


state  Board  of  Health  thereof  in  all  matters  pertaining  to  the 
public  health,  including  the  inspection  of  plumhing.   Under 
the  direction  of  the  Board  of  Health,  Hospitals  and  Social 
Welfare,  he  shall  have  such  pov^'ers  and  duties  as  may  "be  con- 
ferred upon  health  officers  ar^d  boards  of  health  by  the  laws 
of  the  State  of  California,  or  as  may  be  prescribed  by  ordinance 
of  the  Metropolitan  Council.   :ihe  Health  Officer  and  such  em- 
ployees of  the  Division  as  shall  be  designated  by  him  shall 
have,  in  respect  to  violation  of  the  health  regulations  of  the 
State  and  of  the  city  and  county,  all  powers  of  police  officers 
of  the  city  arid  county. 

DIVISION  OF  SOCIAL  'JiTSLFAPS 

Sec.  134.   There  shall  be  a  Xiirector  of  Social  Wr.\f are 
who  shall  be  the  head  of  the  Division  of  Social  Welf:re. 

Under  the  direction  of  the  Board  of  Health,  Hospitals 
arxd  Social  Welfare,  this  division  shall  investigate,  determine 
and  supervise  the  giving  of  relief  to  all  persons  applying 
for  county  aid  and  shall  devise  ways  and  means  for  restoring 
them  to  self-support  when  possible,  end  may  receive  and  ey.pend 
private  funds  or  bequests  for  charitable  purposes;  shall  have 
charge  of  the  administration  of  State  aid  wi rhin  the  city  and 
covmty;  shall  have  charge  of  all  nunicipal  lodging  houses  and 
woodyards;  shall  have  pover  to  inspect  and  make  regulations 
for  boarding  homes  for  children,  child-placing  agencies, 
maternity  hospitals,  and  all  other  private  institutions  of 
similar  character;  may  investigate  ell  charities  dependent 
upon  public  appeal  or  general  solj.citation  for  support,  pro- 
vided that  nothing  in  this  section  shall  apply  to  appeals 
made  for  funds  by  or  for  ch-arch  organiaations,  and  shall  co- 
operate with  the  Juvenilo  court,  the  probation  office  and  the 

probation  committee,  anc  act  as  a  co-ordinating  agency  for  all 

-77- 


relief  and  other  welfare  societies  in  the  city  and  county.  All 
standards  of  investigation,  record  and  care  shall  he  in  accord 
with  those  required  by  the  State  Board  of  Charities  and  Cor- 
rections. 

All  supplies  distributed  under  the  direction  of  the 
Division  of  Social  Welfare  may  be  purchased,  at  the  discretion 
of  the  Director  of  Social  Welfare,  either  in  the  open  market 
or  through  the  Purchasing  Agent. 

DIVISION  OP  HOSPITALS 

Sec.  135.   'There  shall  be  a  Director  of  Hospitals  who 
shall  be  the  head  of  the  Division  of  Hospitals.   He  shall  be 
a  graduate  of  a  reputable  medical  college  and  shall  have 
practiced  medicine  for  at  least  five  years  prior  to  his  ap- 
pointment. 

Under  the  direction  of  the  Board  of  Health,  Hospitals  and 
Social  Welfare,  this  division  shall  have  the  eyclusive  manage- 
ment and  control  of  all  hospitals,  infirmaries,  sanitoria  and 
health  centers  supported  by  funds  of  the  city  and  county. 

CITY  PLMOJiaS  COMMISSION 
Sec.  136.   \(Vhenever,  in  the  opinion  of  the  Manager,  the 
public  welfare  shall  require  the  services  of  such  a  commission 
he  may  appoint  a  City  Plarining  Commission  to  consist  of  three 
members,  who  shall  serve  without  compensation.   It  shall  be  the 
duty  of  such  City  Planning  Commission  to  advise  and  recommend 
to  the  Manager  the  design  and  location  of  works  of  art  which 
may  become  the  property  of  the  city  and  co\inty;  to  advise  the 
Metropolitan  Council  as  to  the  plan,  design  and  location  of 
public  buildings,  bridges,  viaducts,  street  fixtures,  and  other 
structures  and  appurtenances,  the  removal,  re-location  and 
alteration  of  any  such  woiks  belonging  to  the  city  and  county, 

-78- 


;^"Bv;»^'. 


no 


the  location,  extension  and  platting  of  streets,  parks  and 
other  public  places  and  of  new  areas,  and  the  preparation  of 
plans  for  the  future  physical  development  and  improvement  of 
•the  city  and  county. 

PARK  COMMISSION 

Sec.  137.   There  is  hereby  created  a  Park  Commission 
which  shall  consist  of  five  members  who  shall  be  appointed  by 
the  Manager  and  shall  sorve  without  oompensation.   Of  those 
members  first  appointed  under  the  provisions  of  this  charter, 
two  shall  be  appointed  to  serve  and  hold  office  until  12 
o'clock  noon  on  the  first  Monday  after  the  first  day  of  Janu- 
ary, 1925,  and  three  until  IS  o'clock  noon  on  the  first  Monday 
after  the  first  day  of  January,  19E6.   Thereafter,  as  their 
terms  expire,  commissioners  shall  be  appointed  to  serve  for 
terms  of  two  years,  or  until  their  successors  are  appointed 
and  have  qualified.   If  a  vacancy  shall  occur  in  the  office 
of  commissioner  it  shall  be  filled  by  appointment  by  the 
Manager  for  the  unexpired  term, 

!Ehe  Commission  shall  annually  elect  one  of  its  members 
president,  who  shall  hold  office  for  one  year,  or  until  a 
successor  is  appointed  and  has  qualified. 

The  Commission  shall  hold  regular  meetings  and  shall 
establish  rules  and  regulations  for  the  performance  of  its 
duties. 

POV.'ERS  OP  PARK  COMMISSION 
vSec.  138.   Except  as  otherwise  provided  in  this  charter, 
all  land  and  water  parks,  public  pleasure  grounds,  reservations, 
boulevards,  parkvvays  and  all  grounds  surrounding  public  build- 
ings within  the  territorial  limits  of  the  City  and  County  of 
Oakland,  now  owned  or  controlled  by  the  County  of  Alameda  or 

-79- 


"by  any  incorporated  city  or  town,  or  that  hereafter  may  he 
established  or  acquired  hy  the  said  city  and  county  or  any 
borough  thereof  (excepting  properties  that  nov/  are  or  here- 
after may  be  set  apart  for  play  or  recreation  centers) ,  also 
the  planting,  care,  maintenance  and  control  of  all  sidewalk 
areas  or  borders  of  roads  vi/herein  or  whereon  trees,  shrubs 
or  other  plaits  are  now  or  hereafter  may  be  grown,  shall  be 
under  the  exclusive  management  and  control  of  the  Park  Com- 
mission. 

r 

The  Commission  shall  have  power,  subject  to  the  rules 
and  regulations  of  the  Civil  Service  Commission,  to  appoint 
and  discharge  such  officers  and  employees  of  the  Park  Com- 
mission  as  may  be  provided  by  the  Metropolitan  Council. 

The  Commission  may  adopt  and  enforce  such  rules  and 
regulations,  not  inconsistent  with  the  provisions  of  this 
charter,  as  it  may  deem  necessary  for  the  efficient  perform- 
ance of  its  duties,  and  shall  have  the  exclusive  management 
and  control  of  all  funds  legally  apportioned  to  or  otherwise 
received  by  the  Park  Commission,  except  that  such  fund  or 
funds  may  not  be  used  for  the  purchase  of  water  parks  or 
land  for  park  purposes  until  authorized  by  the  Metropolitan 
Council. 

Ihe  Commission  shall  have  the  exclusive  right  to  cause 
to  be  erected  on  property  under  its  jurisdiction  buildings  end 
structures  for  park  purposes;  provided,  however,  thrt,  with  the 
approval  of  the  Park  Commission,  the  Metropolitan  Council  may 
erect,  or  cause  to  be  erected,  any  municipal  building  thereon. 

The  Commission  shall  have  power  to  grant  any  concession 
in  any  p?rk  or  parks  under  its  jurisdiction  for  a  period  not 
to  exceed  one  year  where,  in  the  opinion  of  the  Commission, 
the  granting  of  such  concession  will  promote  the  use  of  said 

-80- 


park  or  parks  for  pleasure  purposes. 

RECREATION  COJ-MISSIOW 

Sec.  139.   Iliere  is  hereby  created  e.   Recreation  Com- 
mission shich  shall  consist  of  five  members  who  shall  be  ap- 
pointed by  the  Manager  rnd  shall  serve  v/ithout  compensation. 
Of  those  commissioners  first  appointed  under  the  provisions  of 
this  charter,  two  shall  be  appointed  to  serve  and  hold  office 
until  IS  o'clock  noon  on  the  first  Monday  after  the  first  day 
of  January,  1925,  and  three  until  12  o'clock  noon  on  the  first 
Monday  after  the  first  day  of  January,  1926.   Thereafter,  as 
their  terms  expire,  commissioners  shall  be  appointed  to  serve 
for  terms  of  two  years  or  until  their  successors  shall  have 
been  appointed  and  shall  have  qualified.   If  a  vacancy  shall 
occur  in  the  office  of  commissioner,  it  shall  be  filled  by  • 
appointment  by  the  Manager  for  the  unexpired  term. 

jftie  Commission  shall  annually  elect  one  of  its  members 
as  president,  who  shall  hold  office  for  one  year  or  until 
a  successor  shall  have  been  appointed  and  shall  have  qualified. 

The  Commission  shr.ll  hold  regular  meetings  and  shall 
establish  rules  snd  reg-ulations  for  the  performance  of  its 
duties. 

POSTERS  OP  RECREATION  COMMISSION 
Sec.  140.   All  playgrounds,  sxunmer  camps,  recreation 
centers  and  bathing  beaches  T/ithin  the  territorial  limits  of 
the  City  and  County  of  Oakland,  now  owned  or  controlled  by  the 
County  of  Alameda;  all  playgrounds,  summer  fiamps,  recreation 
centers  and  bathing  beaches  now  owned  or  controlled  by  the 
Municipalities  of  Emeryville,  Oakland  and  Piedmont,  or  that 
hereafter  may  be  established  or  acquired  by  the  city  and  county 
or  any  borough  thereof,  whether  such  playgrounds,  summer  camps, 

-ei- 


i 


'"  ^'^t 


^^^ 


recreation  centers  or  "bathing  beaches  be  situEtad  within  or 
without  the  city  and  co-onty;  also  those  portions  of  public 
parks  or  water  parks  and  grounds  around  public  buildings  which 
now  are  or  hereafter  may  be  assigned  to  the  Recreation  Com- 
mission, shall  be  under  the  exclusive  control  and  management 
of  the  Recreation  Comaission. 

!Che  Commission  shall  have  the  right  to  use,  at  any  time, 
for  play,  recreation,  or  boating  purposes  the  surface  of  the 
water  park  of  Lake  Merritt,  provided,  that  the  Park  Commission 
may  reserve  such  portions  of  the  northeastern  arm  of  said  lake 
as  it  may  deem  necessary  for  the  protection  of  wild  fowl, 

Ihe  Commission  shall  have  the  right  to  use  for  play, 
recreation,  or  boating  purposes  such  structures  on  the  shores 
of  Lake  Merritt  as  now  are  used  for  play,  recreation,  or 
boating  purposes. 

Ihe  Commission  shall  have  power  to  appoint  and  to  suspend, 
demote,  or  remove  such  officers  and  employees  of  the  Commission 
as  may  be  provided  by  the  Metropolitan  Council.   Such  officers 
and  employees  shall  be  included  in  the  unclassified  civil 
service. 

The  Commission  sh?ll  have  power  to  grant  concessions  in 
or  upon  any  playground,  summer  camp,  recreation  center  or 
bathing  beach  for  a  period  not  to  exceed  one  year  where,  in  its 
opinion,  the  granting  of  such  concession  will  promote  the  use 
of  such  playground,  summer  camp,  recreation  center  or  bathing 
beach  for  play  or  recreation  purposes. 

In  addition  to  the  powers  hereinabove  conferred,  the 
Commission  shall  have  power  to  conduct  walking  and  outing  ex- 
cursions to  points  within  or  withovit  the  limits  of  the  city  and 
county;  to  organize  and  conduct  play  and  recreation  activities, 

-6S- 


leagues,  tournaments  and  pageants  in  or  upon  any  playgroujid, 
summer  camp,  recreation  center  or  be  tiling  bGach,  or  in  cr  upon 
any  athletic  field,  gymnasium,  swinjning  pool  or  other  suitable 
place,  the  temporary  use  of  which  may  have  been  loaned  or 
leased  to  the  Commission  for  play  or  recreation  purposes,  and 
to  conduct  summer  camps  within  or  without  the  city  and  county, 
provided,  however,  that  no  money  shall  be  expended  for  per- 
manent improvements  without  the  limits  of  the  city  and  county 
unless  it  shall  have  been  specifically  appropriated  for  that 
purpose  by  the  Metrcpolitan  Couricil. 

Ihe  Commission  may  adopt  and  enforce  such  rules  and 
regulations,  not  inconsist'aixt  with  the  provisions  of  this 
charter,  as  it  may  deem  necesaary  for  the  efficient  perform- 
ance of  its  duties. 

DEPARIMENT  OF  PUBLIC  SERVICE 


ACQUISITION  0?  ESSEIITIAL  PROPERTIES 
Sec.  141.   It  is  hereby  declared  to  be  the  intention  of 
the  people  of  the  city  and  county  to  acquire  by  suitablt*  action 
through  purchase,  condeianation,  const'jruotion,  or  cthorwise,  all 
the  properties  essential  to  su;-^ply  themselves  with  light,  power, 
water,  transportation, or  other  utility  facilities  whonevor  it 
appears  that  the  public  interest  will  ho   thDr3ty  served. 

0RaANI3ATI01I 
Sec.  14£.   "There  is  hereby  created  a  Department  of  Public 
Service  which  shall  be  under"  the  management  and  control  of  a 
Board  of  Public  Sarvioe  Coami'dai oners.   Said  Board  shall  consist 
of  five  members  who  shall  be  appointed  b^y  the  Manager  and  who 

•■62- 


shall  serve  without  compensation.  01  those  members  first  ap- 
pointed under  the  provisions  of  this  charter,  two  shall  be 
appointed  to  serve  and  hold  office  until  IE  o'clock  noon  on 
the  first  Monday  after  the  first  day  of  January,  1926,  and 
three  to  serve  and  hold  office  until  18  o'clock  noon  on  the 
first  Monday  after  the  first  day  of  January,  1929.   Ihore- 
after,  as  the  terms  of  the  members  expire,  their  successors 
shall  be  appointed  by  the  Manager  for  terms  of  six  years 
and  until  their  successors  shall  have  been  appointed  and  shall 
have  qualified.   Vacancies  on  said  Board  shall  be  filled  by 
appointment  by  the-  Manager  for  the  unexpired  term. 

POWERS 

Sec.  143.  The   Board  shall  have  power  to  make  and  en- 
force such  rules  and  regulations  as  it  may  deem  necessary  for 
the  efficient  performance  of  its  duties,  and  shall  organize 
the  department  into  such  divisions  as  the  work  under  its 
jurisdiction  may  require.   It  shall  have  power,  when  directed 
by  the  Metropolitan  Council,  to  make  preliminary  investiga- 
tions regarding  the  acquisition  of  local  facilities  and  of 
alternative  sources  of  supplementary  or  principal  supply  to 
provide  the  inhabitants  of  the  city  and  county  with  an  ample 
supply  of  water  for  their  fire  protection  or  for  their  domes- 
tic, industrial,  municipal  or  other  uses  authorized  by  law. 

The  Board  shall  have  power,  except  as  otherwise  pro- 
vided in  this  charter,  to  acquire  and  construct  utilities 
with  the  consent  and  approval  of  the  Metropolitan  Council;  to 
operate,  maintain,  manage  and  control  every  utility  (excepting 
those  under  the  jurisdiction  of  the  Board  of  Harbor  Commission- 
ers) owned  by  the  city  and  county,  whether  wholly  within  or 
without,  or  partly  within  and  partly  without,  the  city  and 

-84- 


coxinty;  to  fix  rates  (subject  to  ratification  or  modification 
by  ordinance  of  the  Metropolitan  Coimcil) ,  rentals,  charges 
and  classifications;  to  make  and  enforce  rules  and  regula- 
tions, contracts,  practices  and  schedules  for  or  in  connec- 
tion with  any  service,  product  or  commodity  owned  or  con- 
trolled by  the  city  and  covin ty;  and  to  exercise  and  perform 
such  other  powers  and  duties  as  may  be  conferred  or  imposed 
by  this  charter  or  by  the  Metropolitan  Council. 

It  shall  have  power,  subject  to  the  civil  service  pro- 
visions of  this  charter,  to  appoint  and  to  suspend  or  remove 
such  officers  and  employees  of  the  Department  of  Public  Service 
as  may  be  provided  by  the  Metropolitan  Council. 

The  Board  shall  have  power,  with  the  approval  of  the 
Metropolitan  Council,  to  sell,  supply  or  distribute  any  sur- 
plus product  of  any  utility  operated  by  the  city  and  county, 
not  required  for  use  therein,  to  consumers  outside  of  the 
city  and  county,  and  to  enter  into  contracts  for  that  purpose. 

The  Board  shall  have  power,  with  the  approval  of  the 
Metropolitan  Council,  to  enter  into  a  contract  or  contratitt 
with  any  other  city,  city  and  county,  or  district  ov/ning  a 
suitable  and  adequate  water  supply,  for  the  joint  construction, 
maintenance  and  operation  of  the  works  necessary  to  develop 
and  transmit  said  supply,  and  for  the  delivery  to  the  city  and 
county  of  such  portions  of  said  jointly  owned  supply  as  shall 
be  in  accordance  with  its  present  and  future  needs,  or  for  the 
purchase  at  wholesale  rates,  under  an  agreement  with  any  city, 
city  and  county,  or  district,  of  water  in  sufficient  quantity 
for  the  present  and  future  needs  of  the  city  and  county  \inder 
satisfactory  guarantees  of  delivery. 

-85- 


riox^Qoii. 


ri&^^i  Xi 


s-om'- 


Ql\^    \o    [frr ' 


%      •  ■_-  V 


iei")Wo 


jiitp: 


vf. 


Xp,  05 


t;J 


.  •^J^n^ 


a*;xq- 


vpef^i' 


ra       i 


REVEIJUE  FROM  UTILITIES 
Sec.  144.   All  moneya  received,  collected  or  arising 
from  the  exercise  of  the  powers  herein  conferred  upon  the 
Board  of  Public  Service  Commissioners  shall  be  deposited  in 
the  city  and  county  treasury  to  the  credit  of  a  fund  to  be 
known  by  the  name  of  the  utility  operated,  and  shall  be  kept 
separate  and  apart  from  other  moneys  of  the  city  and  county. 
No  money  shall  be  drawn  from  such  fund  or  funds  except  upon 
the  order  of  the  Board  of  Public  Service  Commissioners,  ex- 
oept  as  herein  otherwise  provided  in  this  charter. 

EXISTING  MUIIICIPAL  UTILITIES 
Sec.  145.   All  public  utilities  within  the  territorial 
limits  of  the  City  and  County  of  Oakland,  owned,  operated  or 
conducted  by  any  municipality  therein  or  by  the  County  of 
Alameda  at  the  time  this  charter  shall  take  effect,  shall  be 
subject  to  the  jurisdiction  of  the  respective  boards  of 
trustees  of  the  boroughs  in  which  such  utilities  may  be 
situated,  and  shall  continue  to  be  subject  to  such  juris- 
diction, under  rules  and  regulations  prescribed  by  such 
boards  of  trustees  unless  and  until  acquired  by  the  city  and 
county  at  an  agreed  price,  ratified  by  a  majority  vote  of 
the  qualified  electors  of  such  boroughs.   All  revenue  earned 
by  such  utilities  while  under  the  jurisdiction  of  said  boards 
of  trustees  shall  be  deposited  in  the  treasury  of  the  city 
and  county  as  and  when  directed  by  said  boards  of  trustees, 
and  shall  be  held  in  separate  funds  and  shall  be  drawn  out 
only  upon  warrants  countersigned  by  the  officials  duly  author- 
ized by  the  respective  boards  of  trustees. 


-86- 


HARBOR  DEPAR'mffiNT 

Sec.  146.  There   is  hereby  created  a  Harbor  Department 
which  shall  be  under  the  management  and  control  of  the  Beard 
of  Harbor  Commissioners.   Said  Board  shall  consist  of  five 
members  who  shall  be  appointed  by  the  Manager  and  who  shall 
serve  without  compensation.  Of  those  members  first  appointed 
under  the  provisions  of  this  charter,  two  shall  be  appointed 
to  serve  and  hold  office  until  12  o'clock  noon  on  the  first 
Monday  after  the  first  d^  of  January,  19E4,  end  three  to 
serve  and  hold  office  until  12  o'clock  noon  on  the  first 
Monday  after  the  first  day  of  January,  19E5.   (Thereafter,  as 
the  terms  of  the  members  expire,  their  successors  shall  be 
appointed  by  the  Manager  for  terms  of  two  years,  and  shall 
hold  office  until  their  successors  shall  have  been  appointed 
and  shall  have  Qualified.   Vacancies  on  said  Board  shall  be 
filled  by  appointment  by  the  Manager  for  the  \inexpired  term. 

Ihe  Board  shall  have  the  power  to  make  and  enforce  such 
rules  and  regulations  as  it  may  deem  necessary  for  the  effi- 
cient performance  of  its  duties,  and  may  organize  such  divi- 
sions of  the  department  as  the  work  under  its  jurisdiction 
may  require. 

The  Board  of  Harl-rv  Commissioners  shall  hava  and  exer- 
cise full  control  and  managemont  of  th9  water2:ront ,  harbor, 
and  navigable  waters  of  the  city  and  county  and  ell  property 
contiguous  to  the  waterfront  owned  cr  controMed  by  the  city 
and  county,  including  the  power  to  establish  zones  end  fair- 
ways; to  fix  and  collect  rates,  tolls,  dockage  and  all  other 
charges;  to  grant  licenses  and  privileges;  to  construct  or 
to  acquire  by  purchase  and  to  maintain  and  operate  belt  lines 
of  railroad  along  the  waterfront  or  elsewhere  in  the  city  and 
county,  with  the  necessary  spurs  and  connections  for  the  purpose 

-87- 


■^  J     J.  ^  i 


■ia  iitxJ-i.,'1 


*Bt»at> t^elaxaoO  iorf-r-,H  lo 


;i'nJ!:o  ; 


♦  .:■-',: 


siii,  9rfJ  .jri:0-iiiatji>*^t>oXo^d  :Si  I'tftau  stnl'iio   hloA  bnB  evtun 


IX-viii©  J&pt^-oc  >i^3  a'.' 


■QriJ    ^«f    JiT 


i   ^eXIi» 


7.-t 


'f3    trirrTJr*,^..  ■-►oi,^; 


•iU'  31  . 


TO 


<■•."■;  r, 


ol  connecting  railroads,  warehouses,  factories,  or  other  "busi- 
ness industries  and  enterprises,  with  each  other  and  with 
docks;  to  provide  a  plan  lor  the  development  of  the  waterfront, 
harbor  and  navigable  waters  of  the  city  and  co\inty  and  all 
property  contiguous  to  the  waterfront  owned  or  controlled  by 
the  city  and  county;  to  exercise  all  powers  necessary  or  con- 
venient for  the  development,  control  and  management  thereof, 
and  to  exercise  such  other  powers  and  perform  such  other 
duties  as  may  be  conferred  or  imposed  by  this  charter  or  by 
the  Metropolitan  Council, 

ISie  Board  shall  have  power,  upon  approval  by  ordinance 
of  the  Metropolitan  Council,  to  lease  any  portion  of  the  water- 
front or  harbor  of  the  city  and  county  or  property  contiguous 
to  the  waterfront  owned  or  controlled  by  the  city  and  county. 
No  lease,  license  or  privilege  shall  be  granted  of  that  por- 
tion of  such  waterfront,  harbor  or  property  contiguous  there- 
to ,  lying  between  the  Southern  Pacific  and  Western  Pacific 
piers.   No  lease,  license  or  privilege  of  unirfiproved  water- 
front or  harbor  property,  or  property  contiguous  to  the  water- 
front owned  or  controlled  by  the  city  and  county  shall  be 
granted  for  a  term  exceeding  fifty  years,  and  no  lease,  li- 
cense or  privilege  of  improved  wr.terfront  or  harbor  property, 
or  property  contiguous  to  the  waterfront  owned  or  controlled 
by  the  city  and  county  shall  be  granted  for  a  term  exceeding 
five  years  unless  such  lease,  license  or  privilege  shall  first 
be  approved  by  a  majority  vote  of  the  electors  of  the  city  and 
cotuaty  voting  upon  said  proposition  at  a  general  or  special 
election. 

All  moneys  received  or  collected  or  arising  from  the 
exercise  of  the  powers  herein  coriferred  upon  the  Board  of 
Harbor  Commissioners  shali  be  deposited  in  the  city  and 


r*'*'?*5'  £rf^ 


Mj    6t 


Ol    OJ 


r'^'rrcT'.- 


<,ji'.^. 


©f   o5! 


aeqtt 


courxty  treasury  to  the  credit  of  the  harbor  fund,  and  shall  he 
kept  separate  and  apart  froin  all  other  moneys  of  the  city  and 
county.   Moneys  shall  be  drawn  from  said  harbor  fund  only  upon 
the  order  of  the  Board  of  Harbor  Commissioners,  except  as 
otherwise  provided  in  this  charter. 

Ihe  BoBrd  of  Harbor  Commissioners  shall  have  power,  sub- 
ject to  the  civil  service  provisions  of  this  charter,  -to  appoint, 
and  to  suspend  or  remove  such  officers  and  employees  of  the 
Harbor  Department  as  may  be  provided  by  the  Metropolitan  Council. 

PUBLIC  UTILI!ry  BOARD 
Sec.  147.  In  the  event  that  the  people  of  the  city  and 
county  re-invest  themselves  with  the  power  to  fix  rates  now 
exercised  by  the  State  Railroad  Commission,  the  Metropolitan 
Council  shall  have  power  to  create  a  Public  Utility  Board  when- 
ever, in  the  opinion  of  said  Metropolitan  Council,  the  public 
welfare  demands  the  s-ervices  of  such  a  board.   Said  Board  shall 
consist  of  three  members  who  shall  be  appointed  by  the  Manager 
and  who  shall  serve  without  compensation,   Ihe  Board  first 
appointed  shall  so  classify  themselves  by  lot  that  one  member 
shall  hold  office  for  two  years,  one  for  four  years,  and  one  for 
six  years.   Thereafter  members  of  the  Board  shall  be  appointed 
for  terms  of  six  years.   Vacancies  shall  be  filled  by  appoint- 
ment by  the  Manager  for  the  unexpired  term.   The  Board  shall 
organize  by  electing  one  of  its  members  president,  who  shall 
hold  office  for  one  year  and  until  his  successor  is  elected. 

POVffiRS  AND  DUTIES 
Sec.  148.   The  powers  and  duties  of  the  Board  of  Public 
Utilities  shall  be  as  follows: 

(1)   To  make  and  enforce  such  rules  and  regulations  as 
it  may  deem  necessary  for  the  effipient  performance  of  its 

-89- 


,  i'iaii 


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.10  iff' 


1. ) 


duties. 

(2)  To  fix,  subject  to  approval,  change  or  modification 
by  the  Metropolitan  Council,  the  rates  to  be  charged  and  col- 
lected by  all  persons,  firms  and  corporations  operating  or 
maintaining  public  utilities  vjithin  the  city  and  .county 
(excepting  wharves,  docks,  warehouses  and  other  utilities 
pertaining  to  the  waterfront,  the  harbor,  or  to  other  nav- 
igable waters  in  the  city  and  county),  such  rates  to  be  so 
fixed  for  such  periods  as  may  be  prescribed  by  law  or  ordin- 
ance, but  in  no  event  for  a  period  less  than  one  year  or  for 

a  period  longer  than  three  years. 

(3)  In  addition  thereto,  such  Board  shall  discharge  all 
duties  which  may  be  prescribed  by  this  charter  or  by  the  Metro- 
politan Council. 

LEASE  OF  LAM)S 
Sec.  149.   The  Metropolitan  Council  may  provide  for  the 
lease  of  lands  now  or  hereafter  owned  or  controlled  by  the 
city  and  county.  All  leases  (excepting  those  applicable  to 
the  waterfront,  harbor  and  navigable  waters  of  the  city  and 
county,  and  all  property  contiguous  to  the  waterfront)  shall 
be  granted  by  ordinance  adopted  by  a  five-sevenths  vote  of 
the  Metropolitan  Council  to  the  person,  firm  or  corporation 
offering  to  pay  the  highest  rent  therefor  to  the  city  and 
county  during  the  term  of  the  lease;  said  offers  shall  be 
received  only  at  public  auction,  after  publication  of  notice 
thereof  for  five  days,  which  publication  shall  state  ex- 
plicitly the  terms  and  conditions  of  the  proposed  lease* 

PROPER  Ty  RIGHTS  INALIENABLE 
Sec.  150.   The  rights  of  the  city  and  county  in  and  to 
its  waterfront,  v/harf  property,  land  under  water,  public 

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buildings,  wharves,  docks,  streets,  highways,  public  parks  and 
all  other  public  places,  except  as  otherwise  provided  in  this 
charter,  are  hereby  declared  inalienable. 

GRAND  OF  FRANCHISE 

See.  151.   No  person,  firm  or  corporation  shall  exercise 
any  franchise,  permit  or  privilege  mentioned  in  this  charter, 
except  in  so  far  as  he  or  it  may  be  entitled  to  do  so  by  pre- 
vious grant  thereof  lawfully  made,  or  by  direct  authority  of 
the  Constitution  of  California  or  of  the  Constitution  or  laws 
of  the  United  States,  in,  upon,  over,  xmder  or  along  any  street, 
highway  or  other  public  place  in  the  city  and  county  unless  he 
or  it  shall  have  obtained  a  grant  therefor  in  accordance  with 
the  provisions  of  this  charter.  i   ' 

Every  franchise,  permit  or  privilege  to  erect  or  lay 
telegraph  or  telephone  wires,  to  construct,  maintain  or  oper- 
ate street,  suburban  or  interurban  railroads,  to  operate  and 
maintain  automotive  transportation,  to  lay  pipes  for  the 
purpose  of  providing  heat,  light  or  power,  to  erect  or  install 
poles  or  wires  for  transmitting  electric  energy  along,  upon, 
over,  under,  in  or  across- any  street,  lane,  alley,  court,  high- 
way, road,  park  or  public  plac«,  or  in  any  pipe  or  conduit  in 
this  city  and  cotinty ,  or  to  ej-ercise  any  other  privilege  what- 
ever hereafter  proposed  to  be  granted  by  the  Metropolitan 
Council,  shall  be  granted  upon  the  terms  and  conditions  in  this 
charter  provided,  and  upon  such  further  and  other  terms  and 
conditions,  not  inconsistent  with  the  provisions  hereof,  as  the 
Metropolitan  Council  shall  prescribe. 

APPLICATION  FOR  FRANCHISES 
Sec.  158.   The  applicant  for  any  franchise,  above  men- 
tioned, shall  file  with  the  Metropolitan  Council  an  application 

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therefor,  and  thereupon  said  Metropolitan  CotLncil  shall  advertise 
the  fact  that  said  application  has  been  made,  once  a  day  for  ten 
consecutive  days  in  one  or  more  nev.'spapers  published  and  circula- 
ted in  the  city  and  county,  which  publication  must  be  completed 
not  less  than  twenty,  nor  more  than  thirty,  days  before  any 
further  action  can  be  taken  thereon. 

COUDITIOUS  OP  GRANT 
Sec,  153.   The  advertisement  must  state  the  character  of 
the  franchise  proposed  to  be  granted,  the  term  for  which  it  is 
granted,  and  the  route  to  be  traversed;  that  sealed  bids  will 
be  received  therefor  and  will  be  opened  at  a  stated  time  and 
place,  and  that  the  franchise  will  be  awarded  to  the  bidder 
offering  to  pay  the  city  and  county,  during  the  life  of  the 
franchise,  the  highest  percentage  of  the  net  annual  receipts 
arising  from  the  use,  operation  or  possession  of  the  same; 
provided,  that  such  ne.t  annual  receipts  shall  be  determined  by 
deducting  from  the  gross  annual  receipts  collected  from  any 
and  all  sources  \inder  and  by  virtue  of  such  franchise  all 
operating  and  maintenance  costs,  taxes,  insurance  end  a  reas- 
onable depreciation,  estimated  on  the  x'alue  of  the  property 
of  the  grantee  used  or  useful  in  the  public  service. 

COMPUTATION  OP  PERC3NTAGE  RECEIPTS 
POR  CERTAIN  RAILROADS' 
Sec.  154.   If  the  franchise  is  for  a  street,  suburban, 
or  interurban  railroad,  or  for  automotive  transportation,  v;hich 
shall  extend  beyond  the  liuiits  of  the  city  and  county,  then, 
and  in  that  case,  the  percentage  of  the  net  annual  receipts 
.herein  specified  shall  be  computed  or  reckoned  as  follows; 

The  total  length  of  the  said  railroad,  or  routes  traversed, 
within  and  without  the  city  and  county  shall  be  compared  with 

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the  length  of  the  railroad,  or  route  traversed,  covered  by  the 
franchise  proposed  to  be  granted,  the  length  in  each  case  being 
estimated  in  equivalent  single  track  mileage.  Prom  the  total 
length  of  the  said  railroad,  or  route  traversed,  within  and 
without  the  city  and  cotinty  shall  be  taken  the  length  of  the 
railroad,  or  route  traversed,  covered  by  the  franchise  proposed 
to  be  granted,  and  that  proportion  of  the  net  annual  receipts 
of  the  entire  railroad,  or  route  traversed,  which  the  entire 
length  of  the  railroad,  or  route  traversed,  has  to  the  length 
of  that  portion  then  covered  by  the  proposed  franchise,  shall 
be  taken  as  the  net  receipts  upon  which  the  percentage  bid  for 
said  franchise  shall  be  computed  and  paid. 

BIDDING  FOR  FRANCHISES 
Sec*  155*  At  the  time  of  opening  the  sealed  bids,  any 
responsible  person,  firm  or  corporation  may  bid  for  such  fran- 
chise not  less  than  one-half  of  one  percent  of  the  net  annual 
receipts  for  the  entire  term  of  the  franchise  above  the  high- 
est sealed  bid  therefor,  and  such  bids  so  made  may  be  raised 
not  less  than  one -half  of  one  percent  of  said  net  annual 
receipts  for  such  entire  term  by  any  other  responsible  bidder, 
an«  such  bidding  may  continue  until  finally  such  franchise 
shall  be  struck  off,  sold  and  awarded  by  the  Metropolitan 
Council  to  the  person,  firm  or  corporation  offering  the  high- 
est percentage  of  the  said  net  annual  receipts  arising  from 
the  use,  operation  or  possession  of  said  franchise,  provided, 
that  if,  in  the  judgment  of  the  Metropolitan  Council,  no 
adequate  or  responsible  bid  has  been  made,  the  Metropolitan 
Council  may  withdraw  such  franchise  from  sale  or  advertise 

■ 

for  new  bids,  and,  provided,  further,  that  no  bid  for  the  payment 
of  less  than  two  percent  of  said  net  annual  receipts  shall  be 
accepted. 

-93- 


■  i. 


•.J.; 


-Xih^ 


■'  t' 


-  ■'  *  --'1,1   :.■.  .    .. 


^  Hd::  ' 


'T 


DEPOSIT  AS  GUARAUmr 

Sec.  156.  Every  application  for  a  franchise  \inder  this 
charter  and  every  hid  except  that  of  the  applicant  shall  be 
accompanied  by  <a   cash  deposit  of  two  thousand  dollars  or  a 
certified  check  fqr  said  amount,  payable  to  the  Clerk  of  the 
city  and  county  and  certified  to  by  some  responsible  bank,  as 
a  guaranty  of  the  good  faith  of  the  applicant  or  bidder,  and  as 
a  fund  out  of  which  to  pay  all  expenses  connected  with  such 
application  and  the  granting  of  such  franchise.    '"    '.      , 

If  no  award  is  made,  all  expenses  incurred  by  the  city 
and  county  in  connection  with  such  application  shall  be  paid 
out  of  the  deposit  of  such  applicant,  and  if  an  award  is  made 
such  expenses  shall  be  paid  out  of  the  deposit  of  the  success- 
ful bidder  and  the  balance,  if  any,  returned. 

BOHD  OF  EACH  BIDDER 
Sec.  157,   ^€  successful  bidder  for  any  franchise 
struck  off,  sold  and  awarded  under  this  charter  shall  file  a 
bond,  rtuining  to  the  city  and  county,  executed  by  a  surety 
company  authorized  to  act  as  sole  surety,  under  the  laws  of 
the  State  of  California,  to  be  approved  by  the  Metropolitan 
Council,  in  a  penal  sum  to  be  by  it  prescribed  and  set  forth 
in  the  advertisement  for  bids,  conditioned  that  such  success- 
ful bidder  shall  well  end  truly  observe,  fulfill  and  ^:)erform 
each  and  every  term  and  condition  of  such  franchise,  and 
that  in  case  of  any  breach  of  any  condition  of  such  bond  the 
whole  amount  of  the  penal  sum  therein  named  shc.ll  oe  taken 
end  deemed  to  be  liquidated  damages  and  shall  be  recoverable 
from  the  principal  and  surety  upon  said  bond.   Said  bond  shall 
be  filed  w^ith  the  Ketropolitfn  Council  within  cen   days  after 
such  franchise  is  awarded,  and  upon  the  filing  and  approval 
Of  such  bond,  the  said  franchise  shall  be  granted  by  said 

-94- 


Metropolitan  Council  by  ordinance,  subject  to  the  referendum 
provisions  of  this  charter,  to  the  person,  firm  or  corpora- 
tion to  whom  it  has  been  struck  off,  sold  and  awarded,  and 
in  case  such  bond  shall  not  be  so  filed,  said  franchise  shall  be 
set  aside  and  any  money  deposited  in  connection  v>fith  the  ap- 
-  plication  for  the  franchise  shall  be  forfeited,  and  the  fran- 
chise, in  the  discretion  of  said  Metropolitan  Council,  shall 
be  re-advertised  and  again  offered  for  sale  in  the  same  manner 
and  \inder  the  same  restrictions  as  were  prescribed  for  the 
granting  of  said  franchise  in  the  first  instance. 

PEES  COMPETITION  IN  BIDDING 
Sec.  158.   No  clause  or  condition  of  any  kind  shall  be 
inserted  in  any  franchise  offered  or  sold  under  the  terms  of 
this  charter  which  shall  directly  or  indirectly  restrict  free 
and  open  competition  in  bidding  therefor,  and  no  clause  or 
provision  shall  be  inserted  in  any  franchise  offered  for  sale 
which  shall  in  any  wise  favor  one  person,  firm  or  corporation 
as  against  another  in  bidding  for  the  purchase  thereof. 

LIFE  OF  FRANCHISE 
Sec.  159.  Every  franchise  may  be  granted,  either  for  a 
determinate  or  an  indeterminate  period,  subject  always  to  the 
right  of  the  city  and  county  to  acquire,  purchase  and  possess 
the  property?  of  the  grantee,  as  hereinafter  provided. 

COMiuENCEMSNT  AND  COMPLETION  OP  WORK 
Sec.  160.   Work  to  erect  or  lay  telegraph  or  telephone 
wires,  to  construct  street,  suburban  or  interurban  railroads, 
to  lay,  gas  pipes  for  the  xjurpose  of  carrying  gas  for  heat, 
light  or  power,  to  erect  or  lay  wires  lor  transmitting  elec- 
tric heat,  light  or  power,  or  to  exercise  any  other  privilege 
whatever  for  vvhich  a  frarjchise  she^.l  have  been  granted  in 

-Ob- 


accordance  with  the  terms  and  conditions  of  this  charter,  shall 
be  commenced  in  good  faith  within  not  more  than  eight  months 
from  the  granting  of  any  such  franchise,  and  if  not  so  com- 
menced within  said  time  said  franchise  so  granted  shall  he  de- 
clared forfeited,  and  shall  be  completed  not  more  than  two 
years  thereafter,  and  if  not  so  completed  within  said  time, 
said  franchise  so  granted  shall  be  forfeited,  provided,  that 
for  good  cause  shovin,  the  Metropolitan  Council  may,  by  reso- 
lution,  extend  the  time  for  completing  the  same. 

RIGHT  OF  CITY  AHD  COUNTY  TO'  PURCHASE 
Sec.  161.   Every  franchise  shall  be  granted  upon  the 
express  condition  that  the  city  and  county  may,  at  a  valuation 
fixed  and  determined  as  hereinafter  provided,  assume  owner- 
ship by  purchase  and  take  over  to  itself  the  property  used  and 
useful  of  the  franchise  grantee,  his  or  its  successors  and 
assigns,  and  upon  giving  said  grantee,  .his  03. Its  successors 
and  assigns  six  months'  written  notice  of  its  intention  so  to 
purchase  and  take  over  said  property,  which  written  notice 
shall  be  given  only  when  authorized  by  ordinance  of  the  Metro- 
politan Council.   The  valuation  of  such  property  used  and  use- 
ful and  owned  by  the  grantee,  his  or  its  successors  and  as- 
signs at  the  time  of  the  giving  of  said  six  months'  written 
notice,  as  aforesaid,  shall  be  fixed  by  the  Railroad  Commission 
of  the  State  of  California,  or  its  successors  in  Interest, 
provided,  that  in  fixing  the  valuation,  no  allowance  shall  be 
made  for  the  franchise  or  for  good  will  or  going-concern 
value.   To  this  valuation  shall  be  added  the  cost  of  all  ad- 
ditions, extensions  and  betterments,  and  from  this  valuation 
shall  be  deducted  the  value  of  property  sold  or  abandoned 
and  depreciation,  as  determined  and  fixed  by  the  said  Railroad 
Commission,  or  its  successors  In  interest,  during  the  time 

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elapsed  "between  the  giving  of  aaid  notice  and  the  actual  taking 
over  of  said  properties,  which  final  valuation  so  determined 
and  computed  shall  be  the  valuation  at  which  such  property  may 
be  acquired  by  the  city  and  county. 

NO  CONVEYANCE  NECESSARY  FOR  CITY  AND  COUNTY  OWNERSHIP 
Sec.  162.   Every  ordinance  granting  any  franchise  shall 
provide  that  the  city  and  county  may  take  over  to  itself  and 
become  the  owner  of  the  property  and  plant  of  any  grantee,  as 
provided  in  this  charter,  without  the  execution  of  any  instru- 
ment or  conveyance.   The  granting  of  the  franchise  shall  be 
set  forth  in  all  ordinances  granting  franchises  as  a  valuable 
consideration,  for  which  the  grantee,  his  successors  and 
assigns  agree  to  conform  to  the  terms  and  conditions  of  the 
said  ordinance • 

LEASE  OR  ASSIGNMENT  OF  FRANCHISE 
Sec.  163.   No  franchise  granted  by  the  city  and  county 
shall  be,  in  whole  or  in  part,  leased,  assigned,  or  otherwise 
disposed  of,  or  transferred  without  the  express  consent  of  the 
city  and  county,  and  no  dealings  with  anyone  on  the  part  of 
the  city  and  county  to  require  the  performance  of  any  act  or 
payment  of  any   compensation  by  anyone  shall  be  deemed  to 
operate  as  such  consent;  provided,  that  nothing  herein  shall 
be  construed  to  prevent  the  grantee  of  such  franchise  from 
the  city  and  county  from  including  it  in  a  mortgage  ot  trust 
deed  executed  for  the  purpose  of  obtaining  money  for  corporate 
business. 

STREET  SPRINKLING  AND  PAVING 
Sec,  164.   Every  grant  of  any  franchise  in,  over,  under 
or  along  any  street,  highway  or  public  place  in  the  city  and 
county  for  railroad,  street  railway,  suburban  or  interiirban 

-97- 


railway  purposes,  shall  be  subject  to  the  conditions  that  the 
persons,  firm  or  corporation  exercising  or  enjoying  the  same 
shall  sprinkle,  plank  or  re-plank,  pave  or  re-pave,  macadamize 
or  re-macadamize  the  entire  length  of  the  street,  highway  or 
other  public  place  used  by  the  track  or  tracks  of  such  rail- 
road or  railway,  and  between  the  rails,  and  for  two  feet  on 
each  side  thereof,  and  between  the  tracks,  if  there  be  more 
than  one,  and  keep  the  same  constantly  in  tepaif ,  flush  with 
the  street,  and  with  good  crossings;  and  such  street  work  shall 
be  done  with  the  kind  of  materials  and  in  such  manner  as  the 
Metropolitan  Council  may  direct  at  the  same  time  and  as  a  part 
of  the  same  operation  as  the  work  on  the  remainder  in  width 
of  said  street,  highway  or  other  public  place  to  the  satis- 
faction of  the  superintendent  of  streets,  provided,  however, 
that,  when  in  the  opinion  of  the  Metropolitan  Council  the  space 
between  the  rails  and  tracks  of  the  grantee  and  two  feet  on 
each  side  thereof,  or  any  portion  of  the  same,  is  not  required 
for  purposes  other  than  railway  traffic,  the  same  need  not  be 
paved  in  like  manner  as  the  remainder  of  the  street,  highway 
or  public  place,  but  shall  be  treated  as  the  Metropolitan 
Council  may  direct. 

EXAIvIIWATIOK  OF  COMPANY'S  BOOKS:   AUDIT 
Sec.  165.   All  ordinances  granting  franchises  shall 
provide  that  the  grantee,  his  successors  and  assigns  shall 
keep  vouchers,  records,  and  books  of  accounts  so  as  to  clear- 
ly exhibit  the  net  annual  receipts  of  such  grantee.   Ihe  City 
and  county,  by  end  through  its  Manager,  or  such  other  agent 
as  may,  from  time  to  time,  be  appointed  by  the  Manager  or 
Metropolitan  Council,  shall  have  the  right  at  all  reasonable 
times  to  examine  all  the  books,  vouchers,  records  and  otaer 
papers  of  all  persons,  firms  or  corporations  exercising  ov 

-98- 


enjoying  any  franchise.   A  refusal  to  keep  said  tooks,  vouchers, 
records  and  other  papers  in  the  manner  provided  above  or  to 
produce  for  inspection  in  the  city  and  coun.ty  said  books, 
vouchers,  records  and  other  papers  at  all  reasonable  times  for 
examination  by  the  Manager,  or  other  agents  appointed  by  the 
Manager  or  Metropolitan  Council,  shall  work  a  forfeiture  of 
the  said  franchise. 

ANNUAL  REPORTS  OF  COMPANY 
Sec.  166.   Every  person,  firm  or  corporation  operating 
any  business  under  a  franchise  shall  file  annually  with  the 
Banager  on  such  date  as  shall  be  fixed  by  the  Metropolitan 
Council  a  report  for  the  preceding  year. 

Such  report  shall  be  in  writing,  verified  by  the  affi- 
davit of  such  person  or  persons  or  officer  of  the  corporation, 
as  the  Metropolitan  Council  shall  direct,  and  shall  contain  a 
statement,  in  such  form  and  details  as  from  time  to  time  shall 
be  prescribed  by  the  Metropolitan  Council,  of  all  the  net 
receipts  arising  from  all  the  business  done  by  said  person, 
firm  or  corporation  under  said  franchise  within  the  city  and 
county  for  the  year  immediately  preceding  such  report,   Such 
report  shall  contain  such  f-j.rther  statements  as  may  be  required 
by  the  Metropolitan  Council  concerning  the  character  and  amount 
of  business  done  under  said  franchise* 

BOOKS  OF  RECORD  AND  REFERENCE 

Sec.  167.   The  Manager  shall  provide  and  cause  to  be  kept 

in  the  office  of  the  Clerk  of  the  city  and  county  a  franchise 

record,  indexed  and  of  proper  form,  in  v/hich  shall  be  transcribed 

accurate  and  corroct  copies  of  all  franchises  granted  by  the  city 

and  county  to  any  person,  firm  or  corporation  owning  or  operating 

any  public  utility.   The  index  of  said  record  shall  give  the  nacr.3 

_qo„ 


of  the  grantee  and  thereafer  the  name  of  any  assignee  Cthore^sf. 
Said  record  shall  be  a  complete  history  of  all  franchises 
granted  by  the  city  and  county  and  shall  include  a  comprehen- 
sive and  convenient  reference  to  actions,  contests  or  pro- 
ceedings at  law,  if  any,  affectirig  the  same. 

PAYMENT  OF  NET  RECEIPTS 
Sec.  168.   The  stipulated  percentage  of  net  annual 
receipts  provided  in  this  charter  to  be  paid  for  the  use  and 
enjoyment  of  any  franchise  shall  be  paid  on  the  first  day 
of  July  of  each  and  every  year.  Failure  to  pay  such  per- 
centage shall  work  a  forfeiture  of  the  franchise  at  the  op- 
tion of  the  Metropolitan  Council. 

FORFEIIXJEE  FOR  NOK-COMPLIMCE 
Sec,  169.  Every  ordinance  grantirig  any  franchise  shall 
provide  for  the  termination  and  forfeiture  thereof  for  any 
breach  or  failure  to  comply  with  any  of  the  terms,  limitations 
or  conditions  thereof,  and  in  all  such  cases  the  Metropolitan 
Council  shall  have  power  to  declare  the  termination  and  for- 

> 

feiture  of  any  such  franchise  the  same  as  though  in  each 
instance  such  pov;er  was  expressly  reserved;  and  v."herever  the 
charter  shall  provide  that  any  ordinance  granting  a  franchise 
shall  contain  any  terms  or  conditions  whatsoever,  the  said 
terms  and  conditions  shall  be  considered  as  included  in  said 
franchise,  whether  or  not  specified  in  the  ordinance  granting 
said  franchise. 

LIMITATIONS  ON  WATERFRONT  FRANCHISES 
Sec.  170.   No  exclusive  franchise,  except  for  the  purpose 
of  constructing  or  maintaining  or  operating  railroads,  wharves, 
docks,  slips,  quays,  dry'docks,  graving  docks,  shipyards  or 
marine  railways  or  the  appurtenances  necessary  to  each  and  all 

-100- 


of  them,  shall  be  granted  by  the  city  and  county  iq^'-^he  Me.tjp* 
poll  tan  Council  to,  in,  on,  over  or  upon  any  pQEtion  iC''^'}^tle.,?lJ9!i 
of  the  Bay  of  San  Francisco  or  of  the  Estuary  of  San  Antonio 
or  of  the  Bay  of  San  Leandro.  All  franchises  for  railroads 
to,  in,  on,  over  or  upon  any  portion  of  the  bed  of  the  Bay  of 
San  Francisco  or  the  Estuary  of  San  Antonio  or  the  Bay  of  San 
Leandro  shall  be  subject  to  the  right  of  any  and  all  other 
railroads  or  railroad  companies  to  have  their  cars  switched 
and  transported  by  the  operators  of  railroads, under  such 
franchises,  to  designated  points  and  for  designated  purposes, 
onto  and  over  all  tracks  operated  under  said  franchises,  upon 
payment  of  a  reasonable  compensation  for  such  switching  and 
transportation^ 

Provided,  hov.'ever,  that  no  waterfront  franchise  shall 
be  advertised  for  sale  or  granted  by  the  Metropolitan  Council 
unless  such  proposed  franchise  shall  have  been  approved  by  the 
Board  of  Harbor  Commissioners  and  said  Board  shall  have  recom- 
mended to  the  Metropolitan  Council  that  said  franchise  be 
granted. 

SWITCHING  RIGH.TS 
Sec.  171,  All  franchises  for  the  construction  or  main- 
tenance or  operation  of  any  railroad  other  than  street  railroads 
sljiall  contain  a  stipulation  and  condition  that  all  other 
persons,  firms  or  corporations  building  or  maintaining  or 
operating  other  railroads  (not  street  railroads)  in  the  city 
and  county,  and  all  persons,  firms  or  corporations  desiring 
t»  avail  themselves  of  the  benefits,  privileges  and  rights 
conferred  by  any  such  franchise  shall  have  a  common  right  to 
have  their  cars  switched  and  transported  by  the  holder  or 
helders  of  such  franchise  on  railroad  tracks  constructed  or 
maintained  or  operated  unc er  the  terms  of  such  franchise; 

-101- 


Jl  t    4 


t   >.  5  •  ,  t  •     • 
,  t'  «    r/  r-    ••  »  •     ,     •  •  •    -     •    ••  •. 


and  such  tracks  shall  be  operated  on  equal  and  reasonable  pro- 
rata rates  with  equal  facilities  for   uuch  purposes,   and  Gv.ch 
rights,  rates  and  facilities  shall  be  extended  without   dis- 
crin.ination  to   all  persons,    firms  or  corporations  desiring 
the   same. 

FRAIICKISSS  NOT  lU  USE  FORFEITED 
Sec.    172.      All  franchises  within  the   territorial    limits 
of  the  City  and  County   of  Oakland,   heretofore  granted  by   the 
County   of  Alameda  or  any  municipality  therein,   vt/hioh  are  not 
in  actual  use  or  enjoyment  or    v?hich  the  grantees   thereof  have 
not   in  good  faith  commenced  to  exercise,   shall  be  and  become 
forfeited  and  invalid,   unless  such  grantees  or   their  assigns 
shall,   within  six  months  after  this  charter  shall   take  effect, 
in  good  faith  commence   the   exercise  and   enjoyment  of  such 
franchise. 

OIHER  CONDI  TIOES  MAY  BE   DEPOSED  BY 
METROPOLITAIT  COUNCIL 
Sec.   173.     Nothing   in  this  charter  shall  be  construed 
as  prohibiting    the  Metropolitan  Council   from  inserting   in  any 
ordiriance  granting  any  franchise  such  other  conditions  or 
requirements,   not   inconsistent   with  the  provisions  of   this 
charter,    as   the  Metropolitan  Council  may  desire   to   insert 
therein  or   the  people  may  by    the   initiative   indicate   their 
desire   to  have  so  inserted* 

FRANCHISES  FOR  R/JLROADS  OTHER  THAN  STREET, 
SlTBURb;J)i  OR  INTERUEB/JJ  RAILROADS 
Sec.    174.      Tha  Metropolitan  Council  may  grant   franchises 
for   the  construction,   maintenance  and  operation  of  railroads 
other    than  street  railroads,    saburoan  railroads  or  interurban 
railroads  along,   upon,    over,    in,   under  or   across  any  street 

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or  streets  or  other  public  place  in  the  city  end  county,  but 
only  in  the  manner  end  upon  the  .terms  and  conditions  next 
hereinafter  set  forth,  that  is  to  say: 

The  provisions  of  Section  150,  relating  to  property 
rights  of  the  city  and  county;  of  Section  158,  relating  to 
applications  for  franchises;  of  Section  159,  relating  to  life 
of  franchises;   of  Section  160,  relating  to  commencement  and^ 
completion  of  work;  of  Section  161,  relating  to  the  right  of 
the  city  and  county  to  purchase;  of  Section  162,  relating  to 
conveyances;  of  Section  163,  relating  to  leases  and  assign- 
ments of  franchises;  of  Section  164,  relating  to  street 
sprinklirig ,  cleaning  and  paving;  of  Section  16  7,  relating 
to  books  of  record  and  reference;  of  Section  169,  relating 
to  forifieiture  for  non-compliance;  of  Section  170,  relating 
to  limitations  on  waterfront  franchises;  of  Section  171, 
relating  to  switchir^  rights;  of  Section  172,  relating  to 
forfeiture  of  franchises  not  in  use;  and  of  Section  173, 
relating  to  additional  conditions,  shall  apply  to  and  govern 
all  franchises  granted  for  the  construction,  maincenance  or 
operation  of  any,  railroad,  including  railroads  other  than 
street  railroads,  suburban  railroads  and  interurban  railroads^ 

Provided,  that  the  application  of  the  provisions  of  said 
Section  152  (relating  to  applications  for  franchises)  to  the 
granting  of  franchises  for  railroads  other  than  street  rail- 
roads, suburban  or  interurban  railroads,  shall  be  subject  to 
this  exception,  that  is  to  say:   that  instead  of  receiving 
bids  for  a  percentage  of  the  net  annual  receipts  ,  as  provided 
for  in  Section  152,  the  franchise  shall  be  awarded  to  the 
bidder  offeririg  to  pay  to  the  city  and  county,  during  the  life 
of  the  franchise,  the  highest  average  annual  rental,  and  the 
advertisement  shall  so  stt-te,  and  that  in  the  raising  of  bids 

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atove   the   amoimt  of   the  highest   sealed  bid    the  first   increased 
bid  must  be  at  least  five  per  cent  greater   than  the   aincunt  of 
the  highest   sealed  bid; 

And,   provided,    that    in  the   application  for   the  granting 
of  any  franchise   for  railroads  other   than  street  railroads, 
suburban  or  interurban  railroads,    the  provisions  of  said   Ssc- 
tion  161    (relating    to   rights  of    the   city  and  county    to  purchase) 
shall   not    be   construed  as  requiring  such   franchise   to   permit 
the  city  and   county    to    take    over    to    itSelf   any*  of   the   rolilrig 
stock  or  other  movable  property   of   the   grantee,   his   successors 
or  assigns  used  in  the  enjoyment  of  such  franchise. 

RE-SETTLEMEtuT  FRANCHISE 
Sec.    175.      The  Metropolitan  Council   is  hereby  empowered 
to  provide  for  a  general  re-settlement  of   the  franchise  rights 
of,   and   to  grant  re-settleiuent  franchise  or  franchises   to,   any 
person,   firm  or   corporation  actually  engaged  in  operating 
street,    suburban  or  interurban  railroads   in  said  city   and 
county,   upon  written  application  therefor,   and  upon  such   terms 
and  conditions   as  are   in  this   charter  provided,    end  upon  such 
further   and  other   terms  and  conditions,   not   inconsistent  with 
the  p:^ovisions  hereof,   as  it  shall  prescribe. 

PASSAGE   PUD   P£2mYAL  OF  RE-SETTLEJ.IEWT  FRANCHISE 
Sec.    176.      Every   such   re-settlement   franchise   shall  be 
granted  after   such  publication  and  upon  such  notice   as   in  this 
charter  is  prescribed  for   the   granting  of  franchises  generally. 
After   the   final  passage   of    the    ordinance   granting   such  re- 
settlement  franchise,    the   same   shall  be   referred  and   si^bmitted 
by  ordinance   to    the    vote   of   the   electors   of    the  city  and  cciunty 
at  any  general  or   special  election  next   ensuing  within  not  less 
than   twenty   days  after   the  paasago  of  such  ordinance;    or,    if  no 

-104- 


general   or  special  election  is   to  be  held   in  the  city  and  county 
within  a  period  of  not   less  than  twenty  days,    and  not  mere   than 
ninety  days  after   such  final  passage,    the  Metropolitan  Coiirtcil 
may  call  a  special   election  for   the  pxirpose  of  submitting  said 
ordinance   to    the   electors,    as  aforesaid.      Said  special  election 
shall  be  held  not  less   than   thirty  days  and  not  more  than  ninety 
days  after  such  final  passage.      Ko  such  re-settlement  franchise 
ordiriance   shall  go   into  effect  until   ten  dkys  after  the  final 
approval   thereof  by  a  majority   of    the    electors   votirig    thereon 
at  any  general   or   special   election  at  which   the  same  shall  have 
been  submitted  for  such  approval,   nor  shall   such  re-settlement 
ordinance  become   effective  unless  accepted  in  writing  by  the 
grantee   thereof  prior   to   the   expiration  of  said  period  of   ten  days. 

PAB/IENT  OF   NET  ANNUAL   RECEIPTS   FOR 
RE-SETT1L3MEKT  FRANCHISES 
Sec.    177.      Every  such  re-settlement  franchise   or  fran- 
chises shall  confer  upon  the  grantee   thereof   the  right   to 
occupy  the  roads,    streets,   highways,    avenues,    lanes,   alleys, 
courts  and   other  pdblic  places  of   the  city  and  cpunty,   par- 
ticularly set  out   and  described  in  the  ordinance  granting   the 
same,    for   the  purpose  of   conducting,    operating  and  maintaining 
thereon  street,    suburban  or  interurban  railroads,    subject   to 
the  right   of   the  city  and  county  to  acquire  and  possess,   by 
purchase,    the  property  of  said  grantee   as  provided  herein; 
provided,   however,    that    said  grantee   shall,    on  the  first  day  of 
July  of  each  and   every  year,   pay  to   the  city   and  county   such 
percentage  of   the  net  annual  receipts   collected  from  any  and 
all   sources  under   and  by  virtue   of  such  franchise  or  franchises        ' 
as  shall  be   agreed  upon  and  fixed  in  the   ordinance  grantirig 
such  franchise.      Such  net   annual  receipts  shall  be   determined 

-105- 


by  deducting   from  the  gross  annual  receipts  received  froa  all 
sources  under  said  re-settlement   franchise  e.tl  operating  and 
maintenance  costs,    taxes,    insurance  and  a  reasonable  depre- 
ciation allowance  upon  the   value   of  sucli  properties  as  are 
used  or  useful   in  the  operation  of  said  railroad. 

WEvV  FRANCHISES   AND   EXTENSIONS 
Sec.    178.      The  Metropolitan  Council  may,    in  suoh  re- 
settlement  franchise,   provide  that   cny  nev/  franchise  granted 
to   the  holder  of  such  re-settlement   franchise   shall  be   con- 
sidered as  part  of  such  re-settlement   franqhise. 

CONSOLIDATED   OR  ANNEXED    TERRITORY 
Sec.   179.      The  Metropolitan  Council  may,   in  such  re- 
settlement  franchise,   provide,    in  the  case  of  consolidation 
or  annexation  to   the   city  and  county  of  any   territory  not  in- 
cluded in  said  city   and  county  at  the  date  said  re-settlement 
franchise   is  granted,    that   any  franchise   to   operate   such  street, 
suburban  or   interurban  railroad,'  or  any  part  thereof,   held  or 
claimed  by  the  holder  of  such  re-settlement   franchise,    for  any 
portion  of   such  consolidated  or  annexed   territory,   shall   there- 
upon be   surrendered   to    the   city  and  county,    and  the  rights   and 
obligations   of   such  re-settlemont  franchise   shall   thereupon 
automatically  extend  to   such  additional   territory,   and  that  a 
valuation,    for  the  purpose  of  public   acouisition  of   the   proper- 
ties used  and  useful   in   the   operation  of  said  street,   suburban 
or  interurban   railroad  in  the   area  so   consolidated  or  annesced 
and  not   included   in  the  capital  valuation  ali:eady  fixed   in  the 
ordinance  granting  such  re -settlemer.t   f rarichise ,   shall  be  added 
to    the  capital   anoiint  of  such  re-settlement   franchise  at   the 
valuation  fixed  by  the  Railroad  Com-nission  of   the   State   of 
California,   or    its   successors   ir.  interest,    and   otherwiae 

-106- 


determined  as  provided  in  this  charter. 

SURREIIDilR  OF  EXISTING  FRANCHISES 
Sec.   180.      Every  re-settleaent   franchise  shall  provide 
that    the  grantee   thereof  shall  surrender  all  franchises  or 
rights   owned  or  claimed  by  the   grantee   to   occupy  such  portion 
of  the   roads,    streets,   highways,    avenues,   lanes,   alleys,    courts 
and  places  as   it   is  proposed  such  street,    suburban  or  interurban 
railroad  shall   thereafter  occupy  under    the   provisions   of   such 
re-settlement   franchise,   and   that   the   gi-antee  shall   accept,    in 
lieu  thereof,    the  rights  and  privileges  granted  by  such  re- 
settlement franchise   as  a  franchise  for  the  continued  operation 
of  such  street,    suburban  or   interurban  railroad  within  the 
limits  of   the    city  and  county,    or  such  portion  thereof  as  had 
theretofore  been  operated  under    the  franchise   or  franchises 
surrendered. 

LIFE  OF  RE-SET TI,EI\/IENT  FRMCHISES 
Sec.   181.      Every  such  re-set tloment   franchise  may  be  grant- 
ed for  an  indeterminate  or  determinate  period,    subject   always   to 
the  right   of   the  city  and  county   to  acquire  and  possess   the 
property  of   the  grantee  as  herein  provided. 

PURCHASE   J3Y  CITi'  AKD  COUNTy   UNDER 
RE- SE  TTLEMSK  T  FRAMCH I SES 
Sec,   182.     Every  re-settlement  franchise  shall  be   granted 
upon  the   express  condition  that    the  city  and  county  may,   at  a 
valuation  fixed  and  determined  as  hereinafter  provided,   assume 
ownership  by  purchase  and  take  over  and  possess  the   property 
used  and  useful  of   the  franchise  graniee,   his  or  its  succascors 
and  assigns,   upon  giving  such  grantee,   his  or  its  successors  and 
assigns  sir  months'   written  notice  of   its   intention  to  purchase 
and  take  over  said  property,  v/hich   .vritten  notice  shall  be  given 

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only  when  authorized  by  oi'dinanoe  of  the  Metropolitan  Council. 
The   valuation, for  the  purpose  of  public  acquisition  of  such 
property  used  and  useful  and  owned  by  the  grantee  at   the    time 
application  is  mdde   for  such  re-settlement   franchise,    shall  be 
fixed,   on  application  of  the  city  and  county,    or  of   the  appli- 
cant for  said  franchise,   by   the  Railroad  Commission  of  the 
State  of  California,  or   its   successors  in  interest;   provided, 
that   in  fixing   the  valuation  no  allowance  shall  be  made  for   the 
franifliise  or  for  good  will  or  going-concern  value.      Ihe   valua- 
tion of   such  property,    as  fixed  by  the  Railroad  Commission  of 
the   State  of   California,    or  its   successors  in  interest,    shall 
be  set  forth  in  the*^  ordinance  granting  such  re-settlement 
franchise,    in  which   case  readjustment   from  time   to   time   of  said 
valuation  may  be  made,    to   which  valuation  shall  be   added   the 
cost   of  all  additions,    extensioriS  and  betterments,   and  from 
which  valuation  shall  be   deducted   the   value   of  property  sold 
or  abandoned,    and  depreciation  to  be  determined  and  fixed,   in 
accordance  with  the   provisions  of   the   ordinance  granting   the 
franchise,   and  annually  charged   to    the  capital  #alue   of  said 
property.      All  expenses  of   such  Valuation  by  the  Railroad 
Commission  of   the    State  of   Oalifarnia,   or  its   successors   in 
interest,    shall  be  paid  by  the  applicant  for  such  re-settlement 
franchise, 

AMENDIvlENT  OP  RE-SET II-EIVEWT  FRANCHISE 
Sec.    183.      Any  re-settlement  fraiiohise  may  be   amended  from 
time   to  time   in  the  manr'er  hereinabove  prescribed  for   the  grant- 
ing of  a  re-settlement   franchise,   provided,    that   such  amendment 
shall  not  be   effective  unless  accepted  in  writing  by   the  grant- 
ee of  such  re-settle"aent  franchise. 


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GRANT  OP  OTHER  FRANCHISES 
Sec.  184,  Nothing  in  this  charter  shall  be  construed  as  a 
prohibition  against  the  city  and  county  granting  other  franchises 
for  transportation  of  passengers  by  means  other  than  street, 
suburban  or  interurban  railroads,  and  nothing  in  this  charter 
shall  be  construed  as  prohibiting  the  city  and  coiinty  from 
itself  constructing,  operating  and  maintaining  street,  suburb- 
an or  interurban  railroads,  or  from  constructing,  operating 
and  maintaining  other  means  and  methods  of  transporting 
passengers  and  freight  than  by  street,  suburban  or  interurban 
railroads. 

RETTENUE  AN])  TAXATION 


FISCAL  YEAR 
Sec.  185.   Uie  fiscal  year  mentioned  in  this  charter  shall 
commence  on  the  first  day  of  July  of  each  year. 

ESTIMAIES  OF  ANNUAL  REQUIREMENTS  IN  BACH-DEPARIMENT 
Sec.  186.  On  or  before  the  first  Monday  in  April  of  each 
year  the  head  of  every  department,  office,  court,  district, 
board  and  commission  of  the  city  and  county  and  of  each  borough 
shall  file  with  the  Auditor  an  estimate,  in  writing,  of  the 
expenditures  for  the  ensuing  fiscal  year,  specifying  in  detail 
the  objects  thereof,  required  in  such  department,  office,  co\irt, 
district,  board,  commission  or  borough,  including  a  statement 
of  all  salaries. 

AUDITOR'S  ANHUAL  ESTIMA!EE  OF  REVENUE  AND  EXPENDITURES 
See.  167.  On  or  before  the  last  Monday  in  April  of  each 
year  the  Auditor  shall  transmit  to  the  Manager  an  estimate,  in 

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■yr 


vrriting,  of  the  expenditures  of  the  city  and  county  and  of  the 
several  boroughs  thereof  for  the  next  ensuing  fiscal  year,  as 
determined  "by  the  reports  filed  as  provided  by  the  preceding 
section.   Said  estimate  shall  contain  an  estimate  of  the 
probable  revenue  of  the  city  and  county  and  of  the  several 
boroughs  thereof,  exclusive  of  taxes  upon  property,  classified 
in  detail  according  to  sources,  the  amounts  necessary  to  meet 
the  interest  and  principal  of  all  bonded  indebtedness,  and  the 
following  information  arranged  in  parallel  columns: 

(a)  Detailed  estimate  of  the  expense  of  conducting  each 
borouglji,  department ,  office,  court,  district,  board  and  com- 
mission as  submitted  by  the  respective  boroughs,  departments, 
offices,  courts,  districts,  boards  and  commissions, 

(b)  Expenditures  for  corresponding  items  for  the  last 
two  fiscal  years. 

(c)  Expenditiires  for  corresponding  items  for  the  current 
fiscal  year,  including  adjustments  due  to  transfers  between 
appropriations  plus  an  estimate  of  the  expenditures  necessary 
to  complete  the  current  fiscal  year. 

fd)   Such  other  information  as  the  Manager  may  require. 

Said  estimate  also  shall  include  an  estimate  of  the  prob- 
able amount  required  to  be  levied  and  raised  by  taxation* 

The  estimates  required  by  clauses  (a),  (b)  and  (c),  above, 
shall,  in  accordance  with  standard  forms  and  classifications 
prepared  by  the  Auditor  for  this  purpose,  be  so  segregated  and 
classified  as  to  show,  separately,  the  estimated  expenditures 
of  each  borough,  department,  office,  court,  district,  board  and 
commission,  including  each  public  utility  owned  or  operated  by 
the  city  and  county  or  any  borough  thereof,  according  to: 

(1)  Organization  units. 

(2)  Functions  performed. 

-110- 


• 


(3)  Character  of  expenditures,  i.e.,  whether  capital 
outlay  or  operating  expense. 

(4)  Detailed  objects  of  expenditures. 

MANAGER'S  AKNU/Ji  ESTIMATE  OF  REVENUE 
AND  EXPENDITURES 

Sec.  188.   The  Manager,  on  or  before  the  third  Monday  in 
May  of  each  year,  shall  submit  to  the  Metropolitan  Council  and 
to  the  board  of  trustees  of  each  borough  a  budget  for  the  ensu- 
ing fiscal  year  covering  the  estimated  revenue  and  expenditures 
of  the  city  and  county  and  of  each  of  the  boroughs  thereof, 
separately.   Said  budget  shall  set  forth  the  estimated  amount 
required  to  maintain  each  of  the  following  departments  or 
functions  of  goverriment: 

Police,  fire,  cleaning  and  maintenance  of  streets,  sewers 
and  storm  drains,  lighting  of  streets,  garbage  disposal,  li- 
braries, parks  and  playgrounds.   It  shall  also  set  forth  the 
estimated  expense  of  maintaining  any  borough  property  and  the 
amounts  necessary  to  pay  the  interest  and  to  meet  the  sinking 
fund  and  redemption  obligations  on  outstanding  bonded  indebt-. 
edness  in  each  borough  or  district. 

4 

The  said  budget  shall  also  set  forth  an  estimate  of  all 
expenses  of  government  classified  by  departments  or  functions 
other  than  ot   in  addition  to  those  specified  'in  this  section. 

Said  budget  shall  also  include  the  e-stimates  prepared  by 
the  Auditor,  as  provided  in  the  preceiln:g  section,  and,  in  ad- 
dition thereto,  the  following  information  arranged  in  parallel 
columns: 

(a)  An  inventory  of  all  supplies  and  materials  on  hand. 

(b)  The  recommendation  of  the  Manager  as  to  the  estimate 

submitted  to  the  Auditor  by  each  borough,  department,  office, 

court,  district,  board  and  commissicn. 

-Ill- 


(c)   Such  other  information  as  the  Metropolitaij  Council 

may  require. 

The  Manager  shall  provide  sufficient  copies  of. the  budget 
to  furnish  one  for  each  councilman  and  each  member  of  the  board 
of  trustees  of  each  borough,  and  to  place  copies  in  the  office 
of  the  Manager  and  of  the  Auditor  arid  at  one  public  place  in 
each  borough  for  the  inspection  of  the  public,  and  such  number 
of  additional  copies  as  he  may  deem  necessary* 

BOROUGHS'  COiJSIDERATlOK  OF  BUDGET 
Sec.  189.   The  board  of  trustees  of  each  borough,  upon 
the  receipt  of  the  budget,  shall  proceed  v;i  th  the  consideration 
of  said  budget  at  public  hearings,  notice  of  which  shall  be 
given  in  the  marxner  prescribed  by  the  board. 

The  board  of  trustees  of  each  borough  shall  return  such 
budget  to  the  Metropolitan  Council  on  or  before  the  first 
Monday  in  June  of  each  year ,. together  with  such  recommendations, 
expressed  by  resolution,  as  to  changes  and  alterations  in  said 
budget  as  it  may  deem  advisable.   It  may  also  recommend  the 
addition  to  said  budget  of  any  sujns  of  money  it  may  desire  to 
have  expended  for  any  purpose,  said  sums  to  be  provided  by  a 
special  tax  on  the  taxable  property  within  said  borough  and  to 
be  expended  solely  for  the  purpose  designated  by  said  borough 
board  of  trustees. 

AlINUAL  APPROPRIAnOW  ORDINANCE 
Sec.  190.   The  Metropolitan  Council,  upon  receipt  of  the 
budget  from  the  Manager,  shall  proceed  to  the  consideration 
thereof  at  public  hearings,  notice  of  which  shall  be  given  in 
the  manner  prescribed  by  the  Metropolitan  Council. 

The  Metropolitan  Council,  on  the  last  Monday  in  June  of 
each  year  shall  finally  pass  the  annual  appropriation  ordinance, 

-lis- 


which  ordinance  shall  provide  for  the  entire  cost  of  the  city 
and  county  government  and  of  the  governments  of  the  several 
boroughs. 

■The  Metropolitan  Gduncil  may  adopt  or  reject  any  of  the 
recommendations  of  the  board  of  trustees  of  any  borough,  pro- 
vided, however,  that  it  must  adopt  and  embody  in  said  appro- 
priation ordinance,  without  change  or  modification,  any  recom- 
mendation for  the  expenditure  of  any  additional  sums  voted  by 
such  board  of.  trustees,  to  be  expended  for  a  defined  purpose 
and  to  be  provided  by  a  special  tax  on  the  taxable  property 
in  said  borough. 

APPaOPRIAHONS  FOR  HIGHW.'\YS 

Sec.  191.   The  Metropolitan  Council  must  ,  in  said  appro- 
priation ordinance,  provide  v^ithin  each  road  district  such  sum 
as  may  be  authorized  by  the  laws  of  the  State  of  California 
to  be  expended  for  rbad  purposes  within  the  district  in  v/hich 
it  is  collected. 

The  Metropolitan  Council  shall  appropriate  annually  from 
the  general  fund  of  the  city  and  county  an  amount  sufficient, 
in  conjunction  with  the  road  district  funds  and  any  moneys  which 
may  accrue  from  the  apportioriment  of  the  State  Motor  Vehicle 
Fund  or  from  any  other  source  to  provide  for  the  lighting, 
sprinkling,  maintenance,  repair,  construction  and  re-construc- 
tion of  roads,  bridges  and  culverts  within  the  city  and  county, 
not  included  within  the  boundaries  of  any  borough  therein. 

APPROPRIATION  FOR  SPECIAL  DISTRICTS 
Sec.  19E.   Said  annual  appropriation  ordinance  shall  in- 
clude provisions  for  the  mrantenance  and  support  of  any  legal 
subdivision  or  district  of  the  city  and  county  existing  luider 
the  laws  of  the  State  of  California,  the  tax  for  v/hich  shall 

-113- 


be  levied  against  all  the  taxable  property  within  the  limits 
of  such  legal  subdivision  or  district. 

METHOD  FOR  LEVY  OP  TAX 
Sec.  193.   The  Metropolitan  Council,  on  the  first 
Tuesday  after  the  first  Monday  in  September  of  each  year, 
must  fix  the  rate  of  taxes,  designating  the  number  of  cents 
levied  on  each  one  hundred  dollars  of  taxable  property,  and 
levy  taxes  upon  the  taxable  property  v^ithin  said  city  and 
county  sufficient,  in  conjunction  with  other  sources  of 
income,  to  raise  the  amounts  required  by  the  arxnual  appro- 
priation ordinance  of  the  city  and  county.   Said  levy  shall 
be  made  as  follows: 

(a)  There  shall  be  levied  a  tax  upon  the  taxable  property 
within  each  of  the  boroughs  sufficient  to  provide  for  the  main- 
tenance of  borough  property,  the  amounts  necessary  to  pay  the 
interest  and  to  meet  the  sinking  fund  and  redemption  obliga- 
tions on  any  out standing  bonded  indebtedness  of  any  borough, 

and  to  provide  such  additional  svims  of  money  as  may  have  been 
voted  by  the  board  of  trustees  of  any  borough  to  be  expended 
for  a  defined  purpose. 

(b)  There  shall  be  levied  a  tax  upon  the  taxable  prop- 
erty within  the  territory  included  within  the  several  bor- 
oughs sufficient  to  maintain  the  following  departments  or 
functions  of  goverriment: 

Police,  fire,  cleaning  and  maintenance  of  streets, 
sewers  and  storm  drains,  lighting  of  streets,  garbage  dis- 
posal, libraries,  parks  and  playgrounds. 

fc)  -There  shall  be  levied  upon  the  taxable  property 
within  each  road  district  such  road  taxes  as  are  now  or  here- 
after may  be  provided  by  the  laws  of  the  State  of  California. 

(d)   There  shall  be  levied  upon  the  taxable  property 

within  the  limits  of  any  legal  subdivision  or  district  of  the 

-114- 


city  and  county  existing  ^nder  the  laws  of  the  State  of  Calif- 
ornia, a  tax  sufficient  for  the  maintenance  and  support  of 
such  legal  subdivision  or  district. 

(e)   There  shall  be  levied  upon  the  taxable  property  of 
the  city  and  county  and  of  the  several  school  districts  there- 
in, as  the  case  may  be,  such  school  taxes  as  now  are  or  here- 
after may  be  provided  by  the  laws  of  the  State  of  California. 

ff)   lliere  shall  be  levied  upon  the  taxable  property 
within  the  entire  city  and  county  a  tax  sufficient,  in  con- 
junction with  other  sources  of  revenue,  to  provide  for  all 
expenses  of  government  not  included  in  the  foregoing  subdivi- 
siorisof  this  section. 

URG3MT  NECESSITIES  : 
Sec.  194.   The  Metropolitan  Council  may  appropriate  a 
sum  not  to  exceed  fifty  thousand  dollars  a  year  for  urgent 
necessities  not  otherwise  provided  by  law.   No  money  shall 
be  paid  out  of  this  appropriation  unless  authorized  oy   a 
five-sevenths  vote  of  the  Metropolitan  Council, 

CASH  BASIS  PUiro 
Sec.  195,   The  Metropolitan  Council  shall  create  and 
maintain  a  permanent  revolving  fund  to  be  knovim  as  the  cash 
basis  fund  for  the  purpose  of  putting  the  payment  of  the  oper- 
ating expenses  of  the  city  and  covmty  on  a  cash  basis.   For 
this  purpose  the  Metropolitan  Council  shall  provide  thr.t,  from 
the  money  collected  from  the  annual  tax  levy  and  from  money 
received  from  other  sources,  a  sum  equal  to  not  less  than  two 
and  one -half  cents  on  each  one  hundred  dollars  of  assessed 
valuation  of  all  property  within  the  city  and  county  shall  be 
placed  in  such  fund  vrAll   the  accumulated  amount  in  such  fund 
shall  be  siafficient  to  meet  all  legal  demands  against  the 

-115- 


treasury  for  the  first  four  cnonths,  or  other  necessary  period, 
of  the  succeeding  fiscal  year. 

Itoe  Metropolitan  Council  shall  have  power  to  transfer 
from  the  cash  basis  fund  to  any  other  fund  or  funds  such  sum 
or  sums  as  may  be  required  for  the  purpose  of  plac  irig  such 
fund  or  funds,  as  nearly  as  possible,  on  a  cash  basis.   It 
shall  be  the  duty  of  the  Metropolitan  Council  to  provide  that 
all  money  so  transferred  from  the  cash  basis  fund  be  returned 
thereto  before  the  end  of  the  current  fiscal  year. 

EXPENDITURES  LIMITED  TO  APPROPRIATIONS 
Sec.  196.   No  expenditures  shall  be  made  unless  a  spe- 
cific appropriation  shall  have  been  made  therefor  in  the 
armual  appropriation  ordinance,  except  as  may  be  otherwise 
provided  in  this  charter. 

UIJEXPENDED  BALANCE 
Sec.  197.   At  the  close  of  each  fiscal  year  the  unex- 
pended balance  of  each  appropriation  against  which  no  sal- 
aries or  contracts  for  wort  or  supplies  are  outstanding  shall 
revert  to  the  general  fund,  borough  fund,  school  fund,  li- 
brary fund,  or  district  fund,  as  the  case  may  be,  except  as 
otherwise  provided  in  this  charter.   Any  money  in  the  general 
fund  otherwise  unappropriated  may  be  appropriated  by  the  Metro- 
politan Council  at  any  time  by  ordinance;  the  board  of  trus- 
tees of  any  borough  and  the  Board  of  Education  shall  have  the 
same  power  with  regard  to  moneys  in  the  respective  borough, 
school,  or  school  district  funds. 

DISBURSEIAENTS 
Sec.  198.   The  Metropolitan  Co\incil  shall  authorize  the 
disbursement  of  all  public  moneys,  except  as  otherwise  specifi- 
cally provided  in  this  charter. 

-116- 


^ 


WARRANTS 
Sec.  199.  Wo  warrant  shall  be  drawn  except  upon  an 
unexhausted  specific  appropriation. 

SEP  AHA  HE  PIHDS 

Sec.  200.   All  revenues,  fees  and  commissions  paid  into 
the  treasury  shall  be  at  once  apportioned  to  and  kept  in 
separate  funds.   It  shall  not  be  lawful,  except  as  otherwise 
providod  in  this  charter,  to  transfer  any  moneys  from  one  fund 
to  another,  or  to  use  the  same  in  payment  of  demands  upon 
another  fund. 

1516  general  fund  shall  consist  of  all  moneys  received 
into  the  treasury  and  not  specifically  apportioned  to  any 
other  fund. 

REGIS!ERAnOII  OP  WAHRAK  TS 
Sec.  201.   When  any  warrant  is  presented  to  the  Treasurer 
far  payment  and  the  same  is  not  paid  for  want  of  funds,  the 
Iteasurer  must  endorse  thereon  "Not  paid  for  v/ant  of  funds", 
vdth  the  date  of  presentation.   He  shall  number  said  warrants 
serially  and  sign  his  name  thereto,  and  thereafter  they  shall 
bear  such  rate  of  interest  as  may  be  fixed  by  the  Metropoli- 
tan Council,  not  to  exceed  five  percent  per  annum,  and  shall 
be  paid  in  sequence  in  the  order  of  their  numb.^xi-ng.   '»yhen 
there  are  sufficient  moneys  in  the  treasury  to  pay  the  war- 
rants so  registered,  the  Treasurer  shall  post  at  the  Court 
House  door  a  notice  stating  that  he  is  ready  to  pay  such 
warrants  and,  from  the  date  of  the  posting  of  such  notice, 
such  .warrants  shall  cease  to  draw  interest. 

PAYM3UT  GIT  BEGISTEREI)  WARRxU^TS 
Sec.  202.  Any  warrant  oa  the  treasury  or  on  any  fund 
thereof  which  may  remain  unpaid  at  the  end  of  the  fiscal  year 

-117- 


for  laok  pf  money  applicable  to   Its  payment  may  be  paid  out  of 
any  money  which  subsequently  may  come  into   the  proper  fund 
*  f rom  delinquent   taxes,  or  other  uncollected  iricome  or  revenue 
for  such  year.      Such  warrants  shall  be  paid  out  of  such  'f 

delinquent  revenue,  when  collected,   in  the  order  of    their 
registration. 

BOroED   INDEBTEDNESS 
Sec.   203.      \Vhenever   in   the  opinion  of  the  Metropolitan 
Council  it   is  necessary,    for  the  purpose  of  carrying  out  ^ny 
of  the  powers  vested  in  said  city  and  county,   includirig   the 
acquisition,   construction  or   completion  of  any  public  utility 
or  utilities,    to   incur  a  bonded  indebtedness,    it  shall,   by 
ordirx&nce,   submit   to    the   electors  of  said  city  and  county,  at 
an  election  held  for  that  purpose,   a  proposition  or  proposi- 
tions for  the  creation  of  such  bonded  iadebtedness,  which 
proposition  or  propositions  shall   specify   the  amount  or 
amounts  and   the  purpose  or  purposes  for  which  they  are  created, 
the   term  of  said  bonds  and  the  rate  of   interest   thereon.     No 
such  bonded  indebtedness  shall  be  cheated  unless   two-thirds 
of  the  electors  voting  at   such  election  shall  authorize   the 
same. 

CONTRACTS  FOR  OFS'ICIAL  .'ODTTERTISING 
Sec.    204.      Ihe  Manager  shall  advertise  annually  for  five 
consecutive  days  for  sealed  proposals  for  official  advertising 
for   the  ensuing   fiscal  year.      Such  advertising  shall  call  for 

r 

separate  bids  for  publishing: 

fl)   The  delinquent  tax  list. 

(2)   All  other  official  advertising  of  the  city  and  county. 

He  shall  advertise  at  the  same  time  for  separate  proposals 
for  the  official  advertising  of  each  borough.   Such  advertise- 

-118- 


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~8xX- 


ment  shall  call  for  bids  per  square  of  150  ems  nonpareil  (six- 
point  type),  and  shall  specify  the  type  and  spacing  to  be  used. 

Proposals  for  city  and  county  advertising  shall  be  re- 
ceived only  from  responsible  persons,  firms  and  corporations 
publishing,  within  the  city  and  county,  newspapers  of  general 
circulation,  each  of  which  must  have  a  bona  fide  general  cir- 
culation in  this  city  and  county  of  at  least  twentypfive 
hundred  copies,  and  must  have  been  published  regularly  for  one 
year  prior  to  the  date  of  the  first  insertion  of  the  Manager's 
advertisement. 

Proposals  for  borough  advertising  may  be  received  from 
newspapers  of  general  circulation  published  in  the  several 
boroughs,  or,  if  there  be  no  newspaper  of  general  circulation 
published  in  any  boro\igh,  then  from  newspapers  of  general 
circulation  published  in  adjacent  boroughs. 

The  proposals  for  city  and  county  advertising  shall  be 
opened  in  the  presence  of  the  Metropolitan  Council,  which  shall 
award  separate  contracts  for  publishing  the  delinquent  tax 
list  and  for  publishing  other  city  and  county  advertising  to 
the  respective  lowest  responsible  bidders  publishing  newspapers 
within  the  city  and  county;  provided,  however,  that  the 
Metropolitan  Council  may  reject  any  or  all  bids  and  order  the 
Manager  to  advertise  for  nev7  bids. 

The  proposals  for  borotigh  advertising  shall  be  opened 
in  the  presence  of  the.  several  borough  boards  of  trustees,  and 
each  borough  board  of  trustees  thereupon  vshall  award  to  the 
lowest  responsible  bidder  the  contract  for  publishing  the 
advertising  of  the  borough;  provided,  that  any  borough  board 
of  trustees  may  reject  any  or  all  bids  and  order  the  Manager 
to  advertise  for  new  bids. 

No  award  of  advertising  shall  be  made  by  the  Metropolitan 

-119- 


sec 


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-»TiXOC' 


CouTxGil  or  by  the  board  of  trustees  of  any  borough  at  a  rate  in 
excess  of  the  ordinary  and  regular  advertising  rates  charged 
to  individuals,  firms  or  corporations  for  similar  character  of 
advertising. 

The  newspaper  to  which  the  contract  is  awarded  for  pub- 
lishing the  official  advertising  of  the. city  and  county,  other 
than  the  delinquent  tax  list',  shall  be  known  as  "Ihe  Official 
Newspaper  of  the  City  and  County",  and  the  several  newspapers 
awarded  the  contracts  for  borough  advertising  shall  be  known 
as  the^  official  nev'-spapers  of  the  respective  boroughs. 

atPLOYEES»  PENSION  MD  INSURANCS  FUND 
Sec.  S05.   She  Iletropolitan  Council  shall  provide  for 
the  continuance  of  all  pension  and  relief  funds  in  existence 
at  the  time  this  charter  shall  take  effect.   The  Metropolitan 
Coujticil  may  provide  by  ordinance,  adopted  by  a  five-sevenths 
vote,  for  the  establishment  and  maintenance  of  an  employees* 
pension  and  insurance  fund  or  funds. 

FEES 

Sec.  206.   All  officers  of  the  city  and  county  and  of  the 
several  boroughs  to  v;hom  fees  are  paid  for  the  performance  of 
official  duties,  and  all  officers  or  employees  collecting  or 
receiving  any  moneys  pertainirig  to  or  for  the  use  of  the  city 
and  county,  or  a  borough  thereof,  shall  m.ake  regular  settlements 
and  accounts  of  their  collections  monthly,  or  otherwise  as  may 
be  required  by  law. 

Such  money  shall  be  transmitted  or  paid  to  the  Treasurer 
daily,  and  the  Treasurer  and  the  Auditor  shall  credit  such 
officer  or  employee  with  the  amount  so  paid  without  apportion- 
ing the  same  to  any  specific  fund.   Such  officer  or  employee 
shall,  upon  his  regular  settlement,  be  credited  with  all  amounts 

-1£0- 


so  paid  to  the  Treasurer  and  not  included  in  his  previous  settle- 
ments, as  so  much  cash. 

Sal.^ies  in  full  compensation 

Sec.  207.   The  salaries  provided  for  all  officers  and 
employees  of  the  city  and  county  and  the  several  boroughs  shall 
be  in  full  compensation  for  all  services  required-.bf  them  by 
this  charter  or  by  virtue  of  their  office. 

m   PERSONAL  IN 'TERES  T  IN  CONTRACTS 
Sec.  208.  No  elective  or  appointive  officer  or  employee 
of  the  city  and  county,  or  of  the  several  boroughs  thereof, 
shall  hold  any  other  public  office  of  prof it,  except  the  office 
of  notary  public  or  an  office  in  the  National  Guard  of  the 
State  of  California,  or  be  interested,  directly  or  indirectly, 
in  any  contract  or  transaction  with  the  city  and  county,  or 
a  borough  thereof,  or  become  surety  on  any  bond  given  to  the 
city  and  county,  or  any  borough  thereof.   No  officer  or  em^ 
ployee  shall  receive  any ^commission,  money,  or  thing  of  value, 
or  derive  any  profit,  benefit  or  advantage,  directly  or  in- 
directly, from  or  by  reason  of  any  dealings  with  or  service  for 
the  city  and  county,  or  any  borough  thereof,  by  himself  or 
others,  except  his  lawful  compensation  as  such  officer  or 
employee. 

It  shall  be  the  duty  of  every  officer  and  employee  who 
shall  have  knowledge  of  any  violation  of  the  provisions  of  this 
section  to  report  immediately  such  violation  to  the  Metropoli- 
tan  Council,  and  every  officer  and  employee  who  shall  violate 
any  of  the  provisions  of  this  section  shall  forthwith  forfeit 
hi3   cff.lcs  c"  Gmployaienl;.   Any  vxclation  of  the  provibiouH  o.f 
this  s,,pction  shall  render  the  contract  or  transaction  involved 
voidable  at  the  option  of  the  Metropolitan  Council, 

-121- 


OFFICE  HOURS 
Sec.   209.     All  offices  of   the  city  and  ooiinty  shall  be 
kept  open  for  the   transaction  of  business  from  9  o'clock     a.m. 
until  5  o'clock  p.m.    every  day  in  the  year,   except   Sundays  and 
holidays. 

OA!rH  OF  OFFICE 
Sec.   210.     Every  elective  and  appointive  officer  of  the 
city  and  county  and  of  the  several   boroughs,  before  entering 
upon  the  duties  of  his  office,   shall  take  the   oath  of  office 
provided  for  by  the  Constitution  of  the   State  of  California 
and  file  the  same  with  the  Clerk.     Every  such  officer  must  also, 
within  ten  days  after  his   election  or  appointment,   and  before 
entering  upon  the  duties  of  his  office,   execute  the  bond,   if 
any,    required  by  the  provisions  of   this  charter,  by  the  Metro- 
politan Council,   or  by  any  borough  board  of   trustees. 

« 

OFFICIAL  BONDS 
Sec.   211.      The   following  officers  respectively  shall  exe- 
cute official  bonds   to  the  city  and  county  in  the  following 
amounts: 

Manager |E5,000.00 

Auditor 25,000.00 

Treasurer. 100,000,00 

Tax  Collector 50,000.00 

Assessor 20,000.00 

Clerk 20,000.00 

Recorder 10,000.00 

Sheriff 20,000.00 

District  Attorney ,. ...  5,000.00 

City  Attorney 5,000.00 

Public  Administrator 25,000.00 

-122- 


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Judges  of  Municipal  Court,...  ^  2,000.00  each 

Coroner ♦  6,000*00 

Pish  and  Game  Warden. .♦».... .  1,000.00 

Horticultural  Commissioner...  1, 000.00 

The  Metropolitan  Council  may  require  a  bond  to  "be  filed 
by  any  other  officer  or  employee  and  may  fix  the  penal  sum 
thereof.   The  board  of  trustees  of  each  borough  may  require  a 
bond  to  be  filed  by  any  officer  or  employee  of  such  borough 
ajid  may  fix  the   penal  buds  thereof.   All  bonds,  except  that  of 
the  Auditor,  which  shall  be  filed  in  the  office  of  the  Clerk, 
shall  be  filed  with  the  Auditor.  Every  official  bond  shall 
be  secured  by  a  surety  company  authorized  to  act  as  sole 
surety  under  the  laws  of  the  State  of  California.  No  official 
bond  shall  be  received  or  filed  until  it  has  been  approved  ^s 
.to  form  by  the  City  Attorney,  and  as  to  sufficiency  by  the 
Auditor,  except  the  official  bond  of  the  Auditor,  which  shall 
be  approved  as  to  sufficiency  by  the  Metropolitan  Council. 

The  official  bonds  of  all  officers  and  employees  of 
boroughs  shall  be  approved  as  to# sufficiency  by  the  board  of 
trustees  of  such  borough.   The  Metropolitan  Council,  by 
ordinance,  may  increase  the  smount  of  bonds  required  from 
any  officer  or  employee.   If  such  officer  or  employee  does 
not  file  a  sufficient  bond  for  the  increased  amount  within 
fifteen  days  after  notification  of  such  increase,  his  office 
thereupon  shall  become  vacant. 

The  premium  on  all  official  bonds  shall  be  paid* by  the 
city  and  county,  or  borough,  as  the  case  may  be. 

APPRAIS.1L  OF  SEAL  PROPERTY 
Sec.  212.   In  preparation  for  the  assessment  of  taxes  for 
the  fiscal  year  19S5-19E6,  and  vt   intervals  of  five  years 

-123- 


&i10C" 


f    5?«£i 


di^lO    'i.i.ii  ;lrD 


thereafter,  the  Metropolitan  Council  shall  provide  for  a  scien- 
tiflo  appraisal  by  a  recognised  expert  of  all  the  real  proper- 
ty in  the  city  and  county,  but,  if  such  appraisal  shall  have 

been  provided  for  by  the  Board  of  Supervisors  of  Alameda  County- 

I 

before  this  charter  shall  take  effect,  a  new  appraisal  shall  be 
required  only  at  intervals  of  five  years  beginning  with  such 
previous  appraisal.   This  appraisal  shall  be  made  as  of  the 
first  Monday  in  March  of  the  fiscal  year  preceding  that  for 
which  the  appraisal  is  hereby  required,  and  shall  be  used  by 
the  Assessor  as  the  basis  for  assessments.   Hie  Assessor  shall 
revise  his  valuation  on  property  in  each  intervening  yoar. 

CONSTRUCTION  OF  CHARTER 
Sec.  213.   This  charter  shall  be  liberally  construed. 
The  invalidity  of  any  clause  or  part  of  this  charter  shall  not 
be  deemed  to  affect  the  validity  of  any  other  part  thereof, 
nor  shall  any  cl^-use ,  provision  or  part  of  this  charter  be 
deemed  invalid  because  it  cannot  constitutionally  be  effective 
to  the  full  extent  v/arranted  by  its  language. 

applicj^bility  of  general  laws 

Sec.  214,   ^.'henever  in  this  charter  reference  is  made  to 
any  law  of  the  State  of  California,  said  law  shall  be  construed 
to  include  all  acts  amendatory  thereof  or  supplementary  thereto, 

DEFINITIONS 
Sec.  215.   The  following  words  have  in  this  charter  the 
respective  significations  attached  to  them  in  this  section, 
unless  otherwise  apparent  from  the  context  a 

The  words  "City",  "County"  and  "City  and  Co-ojity"  mean 
the  City  and  County  of  Oakland. 

Tlie  terms  "Borough  Board"  and  "Borough  Board  of  Trustees" 
mean  the  Board  of  Trustees  of  a  Borough. 

-124- 


The  word  "Council"  means  the  Metropolitan  Council. 

The  word  "Councilman"  signifies  a  member  of  the  Metro- 
politan Council. 

The  word  "franchise"  includes  franchise,  permit  or  privil- 
ege. 

The  term  "heads  of  departments"  includes  the  Sheriff, 
Clerk,  Treasurer,  Tax  Collector,  Recorder,  Coroner,  Public 
Administrator,  Sealer  of  Weights  and  Measures,  Fish  and  Game 
vVarden,  Live  Stock  Inspector,  Horticultural  Commissioner,  City 
Attorney,  Public  Defender,  Purchasing  Agent,  Director  of  Public 
Works,  Chief  of  Police,  Pire  Chief,  Superintendent  of  Streets,  • 
Building  Inspector,  Chief  Electrician,  Chief  Examiner  of  the 
Civil  Service  Commission,  and  the  head  of  each  division  of  the 
Department  of  Public  Service. 

The  term  "public  service"  means  the  conduct  and  manage- 
ment of  any  public  utility  owned  and  operated  by  the  city  and 
county,  or  any  borough. 

CERTAIN  ELECTITTE  OFFICERS  CONTINUED  IN  FORCE 
Sec.  216.   The  District  Attorney,  Sheriff,  County  Clerk, 
Assessor,  Auditor,  Treasixrer,  Recorder,  Tax  Collector  and  ex- 
officio  License  Collector,  Public  Administrator,  and  Coroner 
of  the  County  of  Alameda,  in  office  on  the  thirtieth  day  of 
Jtine,  1923,  shall  continue  in  office  as  officers  of  the  City 
and  County  of  Oakland  and  shall  continue  to  perform,  without 
interruption,  the  duties,  and  to  receive  the  compensation  of 
their  respective  offices  until  the  expiration  of  the  terms  for 
which  they  were  elected.   The  salaries  of  all  such  officers  who 
continue  to  serve  both  the  City  and  County  of  Oakland  and  the 
Covinty  of  Alameda  shall  be  pro -rated  in  the  manner  prescribed 
by  the  Constitution. 

-125- 


;.U  J. 


lb  rio 


Upon  the  expiration  of  said   terms,   said  offices  shall  be 
filled  in  the  manner  provided  in  this  charter.      The   terms  of 
all  elective  officers  of   the   several  miinicipalities,    townships 
and  districts  within  the   territorial   limits  of   the  City  and 
County  of  Oakland " shall    terminate  at  12  o'clock  midnight  on 
the   thirtieth  day  of   Jirne ,    1923. 

PRESENT  EMPLOYEES   CONTIKUED  IK  FORCE 
Sec.    217.      Except  as  otherwise  provided  in  this  charter, 
all   peroone.  other    thaxi  oleotivo  officers,    holding   office   on  the 
thirtieth   day  of    Jime  ,    1923,   shall  continue   in  office  and  in 
the   performance  of    their  duties  until  provision  shall  have 
been  made  otherwise  in  accordance  with  this  charter  for  the 
performance  or  discontinuance  of  the  duties  of  any  such  office. 
^vVhen  such  provision  shall  have  been  made   the    terra  and  employ- 
ment of  any  such  person  shall  expire  and  the   office  be  deemed 
abolished. 

CONTINUANCE  OF  CONTRACTS 
Sec.    218.      All  contracts   entered  into  by   the  County  of 
Alameda  and  the  several  municipalities,    townships  and  districts 
within  the   territorial  limits  of   the   City  end  County  of   Oakland 
prior   to   the  first  day  of   July,   1923,    shall  continue  in  full 
force  and  effect.      All  public  work  begun  prior   to  said  day 
shall  be  continued  and  perfected  hereunder.      Public   improve- 
ments for  which  legislative  steps  shall  have  been  taken  under 
laws  in  force  at   the   time   this  charter  shall   take  effect  may 
be  carried  to  completion  in  accordance  with  the  provisions  of 
such  laws. 

ORDINANCES  CONTniUED   IN  FORCE 
Sec.    219.     All  ordinances,   resolutions  and  regulations  of 
the   County  of  ^lameda  and  of   the  several  municipalities  and 

-126- 


districts  within  the  territorial  limits  of  the  City  and  County 
of  Oakland,  in  force  at  the  time  this  charter  shall  take  effect 
and  not  inconsistent  with  its  provisions,  shall  continue  in 
force  until  amended  or  rejSealed. 

SUCCESSION 
Sec.  220.  All  property,  real  and  i^ersonal,  of  the  Munici- 
palities of  Emeryville,  Oakland  and  Piedmont  and  of  all  dis- 

shall 
tricts  therein,  except  school  districts, /become  the  property  of 

the  city  and  county,  ' 

All  moneys  on  hand  or  due  or  to  "become  due  to  the  Munici- 
palities of  Emeryville,  Oakland  and  Piedmont  shall  become  the 
property  of  the  Boroughs  of  iSmeryville,  Oakland  and  Piedmont, 
respectively. 

All  franchises,  rights,  liabilities,  obligations,  suits, 
actions,  prosecutions,  claims  and  contracts  of  the  several 
municipalities  and  districts  within  the  territorial  limits  of 
the  City  and  County  of  Oakland  shall  remain  and  continue  in  full 
force  and  effect  as  if  the  form  of  government  had  not  been 
changed  and  this  charter  adopted.  For  the  purpose  of  carrying 
out  and  enforcing  such  franchises,  rights,  liabilities,  obliga- 
tions, suits,  actions,  prosecutions,  claims  and  contracts,  the 
Metropolitan  Council,  officers,  boards  and  authorities  of  the 
city  and  county  shall  succeed  to  all  powers  and  duties  relating 
thereto  of  the  several  officers,  councils,  boards  and  author- 
ities of  said  mTinici pal i ties  and  districts,  respectively. 

All  liabilities  of  the  several  municipalities  and  dis- 
tricts within  the  territorial  limits  of  the  City  and  County  of 
Oakland,  existing  at  the  time  this  charter  shall  take  effect, 
siali  be.  paid  out  of  the  moneys  tranaf erred  to  the  i'unds  of  the 
several  boroughs,  as  herein  provided.   If  said  funds  are  insuf- 
ficient for  such  purposes,  the  Metropolitan  Council  shall  levy  r-i 
special  tax  upon  the  property  within  the  boundaries  of  thp  i-oun  - 
pality  or  distri(£t  affected  sufficient  to  pay  such  inael:.t-;.':r'....s  . . 

—  .U  ij  f  — 


TAKING  EST' EC T  OP  IHIS  CHARIER  ! 

Sec.  2E1.  For  the  purpose  of  mominating  and  electing  the  j 

co"uncilmen,  trustees  of  the  several  boroughs,  and  the  judges  of  i 

the  Mimicipal  Court,  and  for  the  purpose  of  superseding  all  exist-  . 

ing  provisions  authorizing  the  election  of  officers  of  the  sever-  : 

al  districts  and  mvinicipal  corporations  within  the  city  and  coimt;',  | 

I 
this  charter  shall  take  effect  immediately  upon  its  approval  by     [ 

I 

the  Legislature.   The  Board  of  Supervisors  of  the  County  of  Ala- 
meda, in  office  at  the  time  of  such  approval,  shall  provide  for     : 
the  holding  of  the  first  election  of  councilmen,  trustees  of  each 

borough,  and  judges  of  the  Municipal  Court  under  this  charter, 

I 

and  shall  canvass  the  votes  and  declare  the  result.   Such  elec- 

i 
ll-jji   shall  bd  hdli  at  tha  ear  lie  si:  prao  tic  able  date-  I 

Per  all  other  purposes  this  charter  shall  take  effect  on  "     ] 

the  first  day  of  July,  1923.  j 

APPOINMENT  OP  FIRST  MANAGER  j 

Sec.  £HE.   The  Metropolitan  Council,  immediately  upon  its     * 

organization,  shall  proceed  to  the  selection  of  a  Manager  of        ] 

the  city  and  county. 

Appointments  may  be  made  by  the  Mayor  or  by  the  Manager, 

pursuant  to  the  provisions  of  this  charter,  prior  to  and  to 

jiake  effect  on  the  first  day  of  July,  19E3,  except  as  otherwise     | 

I 
provided  in  this  charter.  | 

i 

BUDGET  FOR  FIRST  FISCAL  YEAR 

Sec.  823.   The  estimate  of  revenue  and  expenditures  re-  I 

quired  by  this  charter  shall  be  dispensed  with  for  the  fiscal  i 

year  beginning  July  1,  19S3,  and  the  Metropolitan  Council,  'by  ; 

resolution,  shall  prescribe  the  procedure  to  .be  employed  in  ! 
the  preparation  of  the  annual  appropriation  ordinanco  for  that 

> 

year.  \ 


-188- 


CERTIPICA'IE 

WHSfiSAS,  the  County  of  Alameda,  a  county  organized  under 
the  general  laws  ol  the  State  of  California,  and  having  a  popu- 
lation of  over  two  hundred  thousand  inhabitants,  as  ascertained 
by  the  census  of  1920,  taken  under  authority  of  the  Congress 
of  the  United  States,  and  havirig  within  its  territorial  bound- 
aries ten  incorporated  cities  and  towns,  did,  on  the  third  day 
of  February,  1921,  under  and  in  accordance  with  the  provisions 
of  Section  7^a  of  Article  XI  of  the  Constitution  of  the  State 
of  California,  elect  Archior  W.  Beam,  Annie  Florence  Brown ^ 
William  Cavalier,  Leon  A.  Clark,  Samuel  J.  Donohue,  W.  Herbert 
Graham,  Lewis  A,  Hicks,  Harriet  M.  Kearney,  Greene  Majors, 
Joseph  0.  McZown,  Orrin  Z.  McMurray,  Blanche  Morse,  Benjamin 
H.  Pendleton,  Charles  H.  Spear  and  Orlando  E.  Swain,  a  Board 
of  Freeholders,  to  prepare  and  propose  a  charter  for  a  con- 
solidated city  and  county;  and 

WHER2AS,  on  February  10,  19?.l ,  the  Board  of  Supervisors 
of  said  County  of  Alameda  declared  the  result  of  said  election; 
and 

WHEREAS,  in  pursuance  of  said  provisions  of  the  Constitu- 
tion, and  within  a  period  of  one  hundred  and  eighty  days  after 
the  result  of  said  election  was  declared  by  said  Board  of  Super- 
visors, said  Board  of  Freeholders  did  prepare,  propose  and  file 
a  charter  for  a  consolidated  city  and  county  government  of  said 
County  of  Alameda;  and 

WHEREAS,  pursuant  to  said  provisions  of  the  Constitution 
of  the  State  of  California,  said  Board  of  Freeholders  did  propose, 
in  the  aJ.ternative ,  that  a  lesser  area  than  that  of  the  whole 
County  of  Alameda  might  be  formed  into  a  consolidated  city  and 
county  government  to  be  governed  by  the  cLartei'  framed  by  oaid 

-1- 


Board  of  Freeholders;  said  lesser  area  to  consist  of  the  City  of 
Oakland,  which  city was  named  and  designated  as  necessary  and  essen- 
tial to  effect  city  and  county  consolidation,  also  those  incor- 
porated cities  and  towns  which,  as  provided  in  said  Constitu- 
tion, by  a  majority  vote  of  the  qualified  electors  voting  there- 
on, separately,  should  vote  in  favor  of  the  consolidation  of 
the  whole  of  said  County  of  Alameda,  together  with  the  other 
incorporated  cities  and  tov.ins  provided  hy  said  CoriS  titution 
to  be  included  into  a  consolidation  of  such  lesser  area,  to- 
gether with  any  unincorporated  territory  within  the  county 
proposed  to  be  added,  as  provided  for  in  said  Constitution;  said 
lesser  area  also  to  have  the  combined  pov/ers  of  a  city  and  county, 
as  provided  in  said  Constitution  for  a  consolidated  city  and 
CO  un  ty  go  vernmen  t ;  and 

WHSR-EAS,  the  said  Board  of  Supervisors  did  call  a  separ- 
ate election  in  each  of  the  incorporated  cities  and  towns  within 
the  County  of  Alameda  for  submitting  said  proposal  for  consoli- 
dation to  the  electors  thereof;  and 

WHEREAS,  the  said  Board  of  Supervisors  did  canvass  the 
votes  cast  at  said  election  so  called,  and  did,  on  the  twenty- 
eighth  day  of  November,  1921,  certify  to  this  Board  of  Free- 
holders that  said  proposal  for  consolidation  did  not  receive  a 
majority  of  the  votes  cast  in  any  of  the  cities  and  towns  within 
said  County  of  Alameda,  exclusive  of  the  City  of  Oakland,  and 
that  in  the  City  of  Oakland  said  proposal  did  receive  the  favor- 
able vote  of  a  majority  of  the  electors  voting  thereon;  and 

WHEREAS,  said  Board  of  Supervisors  did  fix  Monday,  Decem- 
ber 5th,  1921,  as  the  day  for  the  re-convening  and  meeting  of 
said  Board  of  Freeholders;  and 

V/HEHEAS,  on  the  tv/elfth  day  of  December,  1921,  said  Board 
of  Supervisors  did  give  and  grant  unto  said  Board  of  Freeholders 
an  additional  ten  days'  time  from  and  after  December  15th,  19hl, 

-2- 


i 

Within  which  to  complete  its  labors  pursuant  to  said  provisions  j 

of  the  Constitution  of  the  State  of  California;  ' 

BE  IT  KNOWN  that  said  Board  of  Freeholders  did  re-convene 

and  meet  upon  said  fifth  day  of  December,  1921,  and,  pursuant  '^ 

to  the  provisions  of  Section  7|-a,  Article  XI,  of  the  Constitu-    ] 

j 
tion  of  the  State  of  California,  has  amended  the  proposed  charter,  j 

,  as  originally  prepared,  published  and  filed  in  the  office  of  the   j 

County  Clerk  of  the  County  of  Alameda,  by  rearranging  and  de-     ! 

fining  the  boundaries  of  the  proposed  new  city  and  county,       ' ■ 

changing  the  number  of  boroughs,  by  reduction  thereof,  rearrang-  j 

ing  Gouncilmanlc  districts,  providing  lesser  salaries  to  be  paid   | 

to  certain  officers  of  the  proposed  city  and  county,  and  cor-     \ 

i 

recting  mistakes,  clerical  and  typographical  errors;  and  said     1 

i 

Board  of  Freeholders  does  propose  the  foregoing  as  and  for  a      \ 

charter  for  the  City  and  County  of  Oakland.  •; 

IN  WIIWESS  WHEREOF,  we  have  hereunto  set  our  hands  in       | 

j 
triplicate  this  twenty-second  day  of  December,  One  Thousand      i 

Nine  Hundred  and  TWenty-one.  '. 

Leon  A.  Clark   ] 

President 

■1 
Greene  Majors 


Secretary 
Orlando  E.  Swain 
Arthur  W,  Beam 
Charles  H.  Spear 
Orrin  K.  McMurray 
W.  Herbert  Graham 
Samuel  J.  Do  no  hue 
Joseph  0.  McKown 
Harriet  M.  Kearney 
Annie  Florence  Brown 
William  Cavalier 
Blanche  Morse 
Benjamin  H,  Pendleton 


A TTE S T:   R.  H.  Chamberla->  n,  Jr. 
Assistant  Secretary 


YF  0004^3 


THE  UNIVERSITY  OF  CAUFORNIA  UBRARY 


